Winding v. State

908 So. 2d 163, 2005 WL 1154252
CourtCourt of Appeals of Mississippi
DecidedMay 17, 2005
Docket2003-KA-02613-COA
StatusPublished
Cited by15 cases

This text of 908 So. 2d 163 (Winding v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winding v. State, 908 So. 2d 163, 2005 WL 1154252 (Mich. Ct. App. 2005).

Opinion

908 So.2d 163 (2005)

James C. WINDING a/k/a James Winding, Appellant.
v.
STATE of Mississippi, Appellee.

No. 2003-KA-02613-COA.

Court of Appeals of Mississippi.

May 17, 2005.
Rehearing Denied August 2, 2005.

*164 Pamela A. Ferrington, Natchez, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before LEE, P.J., MYERS and BARNES, JJ.

MYERS, J., for the Court.

¶ 1. James C. Winding was convicted in the Circuit Court of Adams County, Mississippi of kidnaping and sexual battery and was sentenced to imprisonment for two thirty year terms, running concurrently. Aggrieved by the judgment of the circuit court, Winding appeals, raising the following four issues:

I. WHETHER THE TRIAL COURT LACKED JURISDICTION AND VENUE TO PROSECUTE COUNT TWO OF THE INDICTMENT.
II. WHETHER WINDING RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL.
III. WHETHER THE JURY'S VERDICT WAS AGAINST THE OVERWHELMING *165 WEIGHT OF THE EVIDENCE.
IV. WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE A PAIR OF HANDCUFFS FOUND IN WINDING'S CAR.

¶ 2. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 3. James Winding, an Illinois resident, was accompanied by his aunt on a visit to Natchez, Mississippi to attend a funeral. On the night of September 28, 2002, Winding picked up a mentally retarded man by the name of C.S. from the parking lot of a Natchez high school. Though it is difficult to establish an exact chain of events through C. S.'s testimony, the gist of what occurred that night is clear.

¶ 4. Winding picked up C.S. from the parking lot of Natchez High School, drove C.S. to rural Wilkinson County, Mississippi where he sodomized him and left him naked in the woods. As a result, C.S. was forced to wander through rural Wilkinson County, until he found the home of Ruby Dixon. After C.S. arrived at Dixon's home, the authorities were contacted and C.S. was taken to receive medical treatment at the Natchez hospital.

¶ 5. Soon thereafter, the authorities were able to obtain a description of Winding's vehicle from C.S. An article which described the suspect's vehicle as a red Ford Mustang was published in the Natchez Democrat newspaper and, as a result, the police received a telephone call from Winding's grandmother, stating that her grandson drove a small red car, that Winding had just arrived in town, and that he had been present in both Natchez and Woodville, Wilkinson County, Mississippi.

¶ 6. Following the receipt of his grandmother's tip, Winding was soon located and was taken to the police station to be photographed. Winding was subsequently identified by C.S. from a photographic lineup. Police officers then searched Winding's vehicle and discovered a brown walking cane, some shoes and clothing, and a pair of handcuffs. The search did not uncover a weapon of any type, consistent with C. S.'s statement, or any of C. S.'s clothing.

¶ 7. Winding does not contest having engaged in a homosexual act with C. S., but rather, he maintains that the two engaged in the homosexual act willingly. Winding voluntarily wrote out a statement in which he contends that he had sex with C.S. after paying C.S. $10. Winding's statement further contends that, after payment, C.S. got out of his car and got into another car.

LEGAL ANALYSIS

I. WHETHER THE TRIAL COURT LACKED JURISDICTION AND VENUE TO PROSECUTE COUNT TWO OF THE INDICTMENT.

STANDARD OF REVIEW

¶ 8. The determination of whether jurisdiction over a particular matter is proper is a question of law; therefore, this Court must apply a de novo standard of review to this issue. Sanderson Farms, Inc. v. Gatlin, 848 So.2d 828, 841 (¶ 38) (Miss.2003) (quoting Entergy Miss., Inc. v. Burdette Gin Co., 726 So.2d 1202, 1204-05 (¶ 5) (Miss.1998)).

DISCUSSION

¶ 9. Winding first contends that count two of the indictment, which charges him with sexual battery, was improperly brought in Adams County, rather than in Wilkinson County. Winding argues that the evidence supporting the charge of sexual battery demonstrated that the sexual *166 act between Winding and C.S. took place in Wilkinson County. Therefore, Winding argues, Adams County is without jurisdiction to try the charge of sexual battery.

¶ 10. The record before us is clear that the kidnaping occurred in Adams County, as it is undisputed that C.S. got into Winding's car at a high school parking lot, located in Natchez. Further, it is clear that the sexual encounter between Winding and C.S. occurred in Wilkinson County. The record demonstrates that such a finding is fully supported by the evidence which was presented at trial, as C.S. led detectives to the area where the encounter took place. The location to which C.S. led the detectives was located in Wilkinson County, close to the border of Adams County. At this location, the detectives found C. S.'s false teeth and a used condom.

¶ 11. The record before this Court is clear that the sexual act between Winding and C.S. occurred in Wilkinson County, and it is undisputed that C.S. got into Winding's vehicle from a parking lot in Adams County. What is in issue is whether C.S. got into the vehicle voluntarily and whether the sexual act between he and Winding was voluntary. Such a determination is an issue of fact and is therefore within the province of the jury. Moran v. State, 822 So.2d 1074, 1076 (¶ 3) (Miss.Ct. App.2002). As the jury made the determination that Winding was guilty of kidnaping C.S. from Adams County and sexually assaulting C.S. in Wilkinson County, we must accept this determination and analyze the case sub judice accordingly.

¶ 12. It is well established in our jurisprudence that when two crimes have occurred as one continual event in whole or in part in different counties, jurisdiction is proper in the county in which prosecution is first begun. Stubbs v. State, 845 So.2d 656, 671 (¶ 59) (Miss.2003) (quoting Mississippi Code Annotated § 99-11-19 (Rev.2000)). As was stated by the Mississippi Supreme Court, "[u]nquestionably, the State of Alabama could have indicted and tried appellant for murder in that state. It did not do so. The first indictment returned against appellant was in Hinds County, Mississippi, from which county Mrs. Lowe admittedly was kidnaped." Pruett v. State, 431 So.2d 1101, 1104 (Miss.1983). This same reasoning applies to the case sub judice. It is apparent that Wilkinson County could have indicted and tried Winding for sexual battery, but it did not do so. Rather, the indictment against Winding originated in Adams County, the county from which C.S. was kidnaped.

¶ 13. As such, the Adams County Circuit Court did possess jurisdiction over the matter and, therefore, this issue is without merit.

II. WHETHER WINDING RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL.

STANDARD OF REVIEW

¶ 14. "Our standard of review for a claim of ineffective assistance of counsel is a two-part test: the defendant must prove, under the totality of the circumstances, that (1) his attorney's performance was deficient and (2) the deficiency deprived the defendant of a fair trial." Jackson v. State, 815 So.2d 1196, 1200 (¶ 8) (Miss.2002) (citing Hiter v. State, 660 So.2d 961, 965 (Miss.1995)). Such review is highly deferential to the attorney's conduct, with a presumption that such fell within the wide range of reasonable professional assistance. Id.

DISCUSSION

¶ 15.

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Cite This Page — Counsel Stack

Bluebook (online)
908 So. 2d 163, 2005 WL 1154252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winding-v-state-missctapp-2005.