BRIEF OF THE APPELLANT

Transcription

1 E-Filed Document Jan :40: KA COA Pages: 10 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ADRIAN DONTE WILSON APPELLANT V. NO KA COA STATE OF MISSISSIPPI APPELLEE BRIEF OF THE APPELLANT W. Daniel Hinchcliff, MS Bar No INDIGENT APPEALS DIVISION OFFICE OF STATE PUBLIC DEFENDER Post Office Box 3510 Jackson, Mississippi Telephone: Fax: Counsel for Adrian Donte Wilson

2 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ADRIAN DONTE WILSON APPELLANT V. NO KA COA STATE OF MISSISSIPPI APPELLEE CERTIFICATE OF INTERESTED PERSONS The undersigned counsel of record certifies that the following listed persons have an interest in the outcome of this case. These representations are made in order that the justices of this court may evaluate possible disqualifications or recusal. 1. State of Mississippi 2. Adrian Donte Wilson, Appellant 3. Honorable Alexander C. Martin, District Attorney 4. Honorable Lamar Pickard, Circuit Court Judge This the 29th day of January Respectfully Submitted, INDIGENT APPEALS DIVISION OFFICE OF STATE PUBLIC DEFENDER /s/ W. Daniel Hinchcliff W. Daniel Hinchcliff, Appellant Counsel i

3 TABLE OF CONTENTS I. CERTIFICATE OF INTERESTED PERSONS I II. TABLE OF CONTENTS ii III. TABLE OF AUTHORITIES iii IV. STATEMENT OF ASSIGNMENT V. STATEMENT OF THE ISSUES VI. STATEMENT OF THE CASE VII. FACTS VIII. SUMMARY OF THE ARGUMENT IX. STATEMENT OF COUNSEL X. CONCLUSION XI. CERTIFICATE OF SERVICE ii

4 TABLE OF AUTHORITIES STATE CASES Lindsey v. State, 939 So. 2d 743 (Miss. 2005) iii

5 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ADRIAN DONTE WILSON APPELLANT V. NO KA COA STATE OF MISSISSIPPI APPELLEE BRIEF OF THE APPELLANT STATEMENT OF ASSIGNMENT This cause is properly before this court. STATEMENT OF THE ISSUES None STATEMENT OF THE CASE This appeal proceeds from the Circuit Court of Copiah County, Mississippi, and a judgement of conviction for two counts of a four-count indictment for burglary of a building as an 81 habitual offender against Adrian Donte Wilson, following a jury trial commence July 18, 2017, the honorable Lamar Pickard, Circuit Judge, presiding. Appellant Adrian Donte Wilson was sentenced to a term of seven (7) years on each count as a habitual offender, said sentences to run consecutively. Adrian Donte Wilson is currently incarcerated in an institution under the supervision of the Mississippi Department of Corrections. FACTS An individual came onto the premises of The Coleman Hill Hunting Club, a limited liability corporation, and the individual trailers or camp houses of four individuals were broken into. In part, the acts were recorded on the SIM card of a deer camera facing one of the 1

6 buildings. (T42-44, 82). Several items were taken, including a television that was later sold to a third person. When she pawned the TV, she was contacted by police. Three of the four members testified. Pat Patrick went to the camp on May 28, When he arrived, he saw that his camp had been entered, and his things rummaged through and a few small things missing. He then saw that other camps had been entered. Pat called the members whose camps had been broken into, Greg Lee, Lindy Carl Lingo, and Chad Hutchinson, who all came out to check their place. Greg Lee reported a shop vac and a window unit air conditioner had been taken from his trailer. (T. 55). Lindy Carl Lingo said he had locked his camp the last time he was there, and his door had been pried open. He was missing two TVs, an air compressor and a skill saw. (T ). It was his camp that the cigar butt was found in the bathroom trash. Chad Hutchinson did not testify. His count was dismissed at the defendant s motion for directed verdict. (T.99). The third person, Lynshay Fortenberry, testified she had purchased the television from Adrian Donte Wilson. (T ). A cigar butt was recovered at the scene inside one of the cabins and sent to the Crime Lab in Pearl Mississippi. (T. 82). DNA from the cigar butt was matched to an existing sample of Adrian Donte Wilson. (T ). The photographs of the break- ins were time and date stamped, and were shown to the jury. (T ). The jury was able to compare them to the defendant in court, including what appeared to be tattoos on the arms and shoulders of the defendant. The trial judge granted a directed verdict on count two, as the owner/occupier of that cabin did not appear to testify. The jury returned a guilty verdict on two of the three remaining counts. 2

7 SUMMARY OF THE ARGUMENT None STATEMENT OF COUNSEL 1. I, W. Daniel Hinchcliff, counsel for the Appellant, hereby represent to the Court, pursuant to Lindsey v. State, 939 So. 2d 743 (Miss. 2005), that counsel diligently searched the procedural and factual history of this criminal action and scoured the record searching for any arguable issues which could be presented to the Court on Adrian Donte Wilson s behalf in good faith for appellate review, and upon conclusion, have found none. 2. The matters considered, reviewed and included in counsel s search were: (a) the reason for the arrest and circumstances surrounding the arrest of Adrian Donte Wilson; (b) any possible violation of Adrian Donte Wilsons s right to counsel; ( c) the entire trial transcript 1 ; (d) all rulings of the trial court; (e) possible prosecutorial misconduct; (f) all jury instructions including the right to an instruction on Defendant s theory of the case; (g) all exhibits, whether admitted into evidence or not; (h) possible misapplication of the law in sentencing; (i) the indictment and all the pleadings in the record; (j) any possible ineffective assistance of counsel issues; (k) any speedy trial issues; (l) any 14 th Amendment Due Process issues; and (m) evidence of other bad acts, (n) and any other possible reviewable issues. 3. Counsel confirms that he has, on the date of the filing of this brief, mailed by first class mail, postage prepaid, a copy of this brief and correspondence informing Adrian Donte Wilson that counsel finds no arguable issues in the record and that Appellant has the right to file a pro se brief. 1 Excepting opening and closing statements which were not included in transcripts. 3

8 4. Counsel for Appellant request that this Court grant Adrian Donte Wilson an additional forty (40) days of time in which to file a pro se brief, if he desires to do so. 5. Counsel stands ready to prepare supplemental memoranda of law on any issues requested by this court. CONCLUSION There are no issues that counsel can in good faith present to this Court in the appeal on this matter. An additional forty (40) days enlargement of time is requested for Adrian Dante Wilson to file a pro se brief, should he desire to do so. Respectfully submitted, ADRIAN DONTE WILSON By: /s/ W. Daniel Hinchcliff W. Daniel Hinchcliff, His Attorney CERTIFICATE OF SERVICE I, W. Daniel Hinchcliff, Counsel for Henry Earl Harvey, do hereby certify that on this day I electronically filed the forgoing BRIEF OF THE APPELLANT with the Clerk of the Court using the MEC system which sent notification of such filing to the following: Honorable Jason L. Davis Attorney General Office Post Office Box 220 Jackson, MS

9 Further, I have this day caused to be mailed electronically or via United States Postal Service, First Class postage prepaid, a true and correct copy of the above to the following non- MEC participants: This the 29th day of January Honorable Lamar Pickard Circuit Court Judge P.O. Box 310 Hazelhurst, MS Honorable Alexander C. Martin District Attorney Post Office Drawer 767 Hazelhurst, MS Adrian Donte Wilson, MDOC #N9786 South Mississippi Correctional Institute Post Office Box 1057 Parchman, MS /s/ W. Daniel Hinchcliff W. Daniel Hinchcliff, Appellant Counsel 5

10 W. Daniel Hinchcliff, MS Bar No INDIGENT APPEALS DIVISION OFFICE OF STATE PUBLIC DEFENDER Post Office Box 3510 Jackson, Mississippi Telephone: Fax: