Williams v. State

37 So. 3d 717, 2010 Miss. App. LEXIS 301, 2010 WL 2367205
Court of Appeals of Mississippi·Decided June 15, 2010·No. 2009-KA-00900-COA·Published·Cited by 21 cases

Opinions

ROBERTS, J.,

for the Court:

¶ 1. Jackson Williams, Jr., appeals his convictions in the Circuit Court of Tunica County of aggravated assault and possession of a weapon by a convicted felon. In June 2008 Williams stabbed Edward Walls with a pocket knife. There was no dispute that the stabbing occurred and that Williams was a convicted felon; however, the facts leading up to the stabbing were contested at trial. Williams claimed that Walls was assaulting him, and he was defending himself when he stabbed Walls. However, Walls’s version of events was that he was simply speaking with Williams when Williams stabbed him without provocation. Williams was subsequently indicted, tried, and convicted of the charges stated above.

¶ 2. On appeal, Williams makes two claims of error. He argues, as he did twice before at trial through motions for a directed verdict, that the evidence pertaining to the felon-in-possession charge was insufficient to sustain a guilty verdict, as the pocket knife used in the stabbing was not a prohibited weapon as listed by Mississippi Code Annotated section 97-37-5(1) (Supp.2009). Secondly, proceeding under the assumption that he is correct under Issue I, Williams argues that the admission into evidence of his prior felony conviction prejudiced his defense on the remaining charge of aggravated assault. We find that both of Williams’s arguments are correct. As such, we reverse and remand for a new trial as to Count I, aggravated [719] assault, and we reverse and render as to Count II, felon in possession of a weapon.

FACTS AND PROCEDURAL HISTORY

¶ 3. On June 21, 2008, Williams stabbed Walls in the abdomen with a pocket knife. After speaking with witnesses at the scene, Detective William Mullen with the Tunica County Sheriffs Department went to Williams’s residence. There he found Williams and Arthur Love, a friend of Williams and witness to the majority of the altercation. As a result of a pat-down search of Williams, Detective Mullen discovered a small pocket knife with red stains on it. At this point, Williams admitted to having used the knife on Walls. Additional facts will be discussed in the analysis, as needed.

¶ 4. Williams was indicted on two counts. Count I alleged that Williams had committed the aggravated assault of Walls pursuant to Mississippi Code Annotated section 97 — 3—T(2)(b) (Supp.2009), and Count II alleged that Williams was a convicted felon in possession of a knife pursuant to section 97-37-5. A trial was held in the Circuit Court of Tunica County on April 20, 2009, during which Williams agreed to a stipulation that he was a convicted felon. At the close of the State’s case-in-chief, Williams moved the trial court for a directed verdict as to both counts. The trial court denied Williams’s motion as to the charge of aggravated assault, but the court withheld its ruling with regard to Count II. At the conclusion of his case, Williams renewed his motion for a directed verdict as to Count II, arguing that the pocket knife used in the altercation was not one of the types of knives listed in section 97-37-5. However, the trial court ultimately denied the motion. The jury subsequently found Williams guilty of both counts. The trial court sentenced Williams to a term of fifteen years in the custody of the Mississippi Department of Corrections (MDOC) and five years of post-release supervision on Count I, and five years in the custody of the MDOC on Count II, with the sentence in Count II to run concurrently with the sentence in Count I.

DISCUSSION

I. WHETHER THERE WAS SUFFICIENT EVIDENCE TO SUSTAIN THE JURY’S VERDICT IN COUNT II.

¶ 5. Williams was indicted and found guilty of violating section 97-37-5(1), which states the following:

It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife ... unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section.

On appeal, Williams argues that there was insufficient evidence presented at trial to support a guilty verdict on this count as the pocket knife used in the altercation is not one of the weapons that the statute deems unlawful for a convicted felon to possess. The knife was introduced in evidence during trial, and according to descriptions elicited in the record, the knife is a small ordinary pocket knife with a two-and-a-half-inch blade.1 Although a rare occasion, the State agrees with Williams’s interpretation of the statute and concedes that the knife could not be de[720] scribed as a knife prohibited from possession by a felon by section 97-87-5(1); therefore, the State asserts there was insufficient evidence to support Williams’s conviction on Count II. We agree. Therefore, we reverse and render as to Williams’s conviction and sentence on Count II.

II. WHETHER THE ADMISSION INTO EVIDENCE OF WILLIAMS’S PRIOR FELONY CONVICTION WAS IMPROPER AND PREJUDICIAL.

¶ 6. Williams argues that as there was insufficient evidence to sustain a verdict under Count II, the introduction of evidence of his prior felony conviction was improper and prejudicial. The State argues that Williams is procedurally barred from making this argument because he stipulated to the fact that he was a convicted felon, and Williams did not further argue at trial that if the motion for a directed verdict on Count II was granted that the stipulation was improper or prejudicial. Additionally, the State argues that the admission of the stipulation was within the discretion of the trial court, and the record does not indicate that Williams was prejudiced by its admission.

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Williams v. State, 37 So. 3d 717, 2010 Miss. App. LEXIS 301, 2010 WL 2367205 (Mich. Ct. App. 2010).

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