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Lewis v. State4/7/1998
ROBERT LEWIS A/K/A ROBERT EDWARD LEWIS A/K/A ROBERT EDWARD LEWIS, JR. A/K/A M. DEVON LEWIS A/K/A JAMES CURRY A/K/A EDWARD E. LEWIS, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 06/24/96
TRIAL JUDGE: HON. ELZY JONATHAN SMITH JR.
COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: POSSESSION OF A FIREARM BY A CONVICTED FELON: HABITUAL: SENTENCED TO 3 YRS; SENTENCE SHALL NOT BE REDUCED, SUSPENDED NOR ELIGIBLE FOR PAROLE OR PROBATION; PAY A FINE OF $5,000; SENTENCE TO RUN CONSECUTIVE TO ANY PREVIOUSLY IMPOSED
DISPOSITION AFFIRMED - 4/7/98
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
Robert Edward Lewis, Jr. appeals his conviction of possession of a firearm by a convicted felon raising the following issues as error:
I. REVERSIBLE INCONSISTENCY WAS CREATED BY THE JURY'S VERDICT--NOT GUILTY AS TO COUNT I OF THE INDICTMENT AND GUILTY AS TO COUNTY II OF THE INDICTMENT.
II. THE TRIAL COURT COMMITTED ERROR IN DENYING APPELLANT'S MOTION FOR DIRECTED VERDICT BECAUSE THE PROSECUTION FAILED TO PROVE ITS CASE AGAINST THE APPELLANT, AND THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE, AND THE VERDICT EVIDENCES BIAS AND PREJUDICE AGAINST THE APPELLANT, AND WAS BASED SOLELY UPON SUSPICION AND SPECULATION.
Finding no error, we affirm.
FACTS
Ethel Woods testified that before the ice storm of Mississippi in February 1994, she and Robert Edward Lewis, Jr. starting seeing each other. Woods stated that Lewis moved into her home on a temporary basis after the storm because she was without electricity and Lewis was concerned for her welfare. Woods testified that after several months she asked Lewis repeatedly to move, but he complained of not being able to find a place to live.
On July 14, 1994, Woods stated that she came home from work between 2:45 and 2:50 p.m. She went to a footlocker that she had in her home and noticed that one of the pistols she had in the footlocker was missing. After she noticed this, she saw Lewis standing behind her with the pistol pointed at her head. Woods testified that she asked Lewis what he was doing and Lewis complained that she had started an investigation of him regarding his use of some of her credit cards. Woods stated that Lewis started shouting and forced her to move to the living room. After awhile she saw an opportunity to get the gun away from Lewis, and she lunged at him and a struggle ensued. Lewis gained control of the gun and shot at her, but missed because her legs collapsed. After her collapse, Lewis made Woods sit in a chair. A few minutes later someone rang the back doorbell. Woods told Lewis that she was going to answer the door even if he were going to shoot her in the back. Although she could see that whoever it was that rang the bell had gone, she told Lewis that whoever had rung the bell was going to the front door. While Lewis was distracted by who might be at the front door, Woods escaped through the back door.
The paper man was driving down the street, and Woods managed to jump in his truck. The paper man backed his truck up to a neighbor's house and Woods ran inside.
Lewis testified in his own behalf. He testified that on July 14, 1994, Woods called him from work and told him that she wanted him out of the house. He testified that she had never asked him to leave the house before. When she came home from wo
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