IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2014-KA-01273-COA
CONSOLIDATED WITH
2005-KA-00526-COA
AND
2006-KA-01607-COA
TERRELL PATRICK CORVETTE HOPPER APPELLANT
A/K/A TERRELL P. HOPPER A/K/A PATRICK
v.
STATE OF MISSISSIPPI APPELLEE
DATES OF JUDGMENT: 11/12/2003; 07/24/2003
TRIAL JUDGE: HON. LARRY O. LEWIS
COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER
BY: JUSTIN TAYLOR COOK
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ABBIE EASON KOONCE
DISTRICT ATTORNEY: BRENDA FAY MITCHELL
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CONVICTED IN CAUSE NO. 2003-0005 OF
COUNT I, AGGRAVATED ASSAULT, AND
COUNT II, AGGRAVATED ASSAULT ON A
LAW ENFORCEMENT OFFICER, AND
SENTENCED TO TWENTY YEARS ON
COUNT I AND THIRTY YEARS ON COUNT
II, TO RUN CONSECUTIVELY; AND
CONVICTED IN CAUSE NO. 2003-0006 OF
COUNT IV, ARMED ROBBERY, AND
SENTENCED TO THIRTY-SEVEN YEARS,
TO RUN CONSECUTIVELY TO THE
SENTENCES IN CAUSE NO. 2003-0005;
AND COUNTS II, V, VI, VIII, AND IX,
AGGRAVATED ASSAULT ON A LAW
ENFORCEMENT OFFICER, AND
SENTENCED ON EACH COUNT TO
THIRTY YEARS, TO RUN
CONCURRENTLY TO THE SENTENCE IN
COUNT IV, ALL IN THE CUSTODY OF
THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS
DISPOSITION: AFFIRMED: 03/28/2017
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.
FAIR, J., FOR THE COURT:
¶1. The Mississippi Supreme Court has granted out-of-time appeals of two convictions
rendered more than ten years ago.1 We address Hopper’s claims on direct appeal in
accordance with the supreme court’s order.2 Hopper’s attorney originally submitted a single
issue – that he is entitled to new trials because he received constitutionally ineffective
assistance of counsel. Hopper has since filed a pro se supplemental brief asserting other
issues.
FACTS
1
The State argues that Hopper’s claims would be best brought on a post-conviction-
relief motion rather than a direct appeal. A reviewing court may address an ineffective-
assistance-of-counsel claim on direct appeal if the issues presented are “based on facts fully
apparent from the record.” Archer v. State, 986 So. 2d 951, 955 (¶16) (Miss. 2008) (citing
M.R.A.P. 22(b)). The record before us is sufficient to decide all of Hopper’s claims.
2
Docket number 2014-KA-01273-COA is the direct appeal of Coahoma County
Circuit Court criminal cause numbers 2003-0006 and 2003-0005. The dismissed appeals,
docket numbers 2005-KA-00526-COA and 2006-KA-01607-COA, have been consolidated
with this appeal for record purposes only.
2
¶2. Hopper has provided a thorough procedural history and set of facts on appeal:
Procedural History of Trial 1
On June 3, 2003, a Coahoma County [g]rand [j]ury returned a multi-count
indictment against Terrell Patrick Corvette Hopper . . . and Patrick Parker,
charging Hopper with aggravated assault and aggravated assault of a law
enforcement officer and Patrick Parker with accessory after the fact.
Hopper was arraigned on June 13, 2003, represented by Charles McPherson.
The case was assigned to the Honorable Circuit Court Judge Larry O. Lewis.
A little over one month after his arraignment, Hopper and Parker were tried
together. Hopper was convicted of both counts, and Parker was acquitted.
Hopper was sentenced to twenty years for aggravated assault and thirty years
for aggravated assault against a law enforcement officer, to run consecutively.
Hopper filed his motion for a new trial on August 25, 2003. That motion was
denied on November 12, 2003.
Procedural History of Trial 2
On June 3, 2003, a Coahoma County [g]rand [j]ury returned a multi-count
indictment against [Hopper,] . . . charging [him] with armed robbery,
kidnaping, and nine counts of aggravated assault against a law enforcement
officer.
Hopper was arraigned on June 13, 2003, [and again] represented by
[McPherson]. The case was assigned to [Judge] Lewis. On November 10,
2003, Hopper was brought to trial and ultimately acquitted of three counts of
aggravated assault, but convicted of six counts of aggravated assault. Hopper
was sentenced to serve a total of thirty years concurrent on all counts of
aggravated assault and thirty-seven years on armed robbery, to be served
consecutive to Hopper’s sentences in Trial 1, for a total of eighty-seven years
putting the two trials’ sentences together.
Hopper filed his motion for a new trial on December 6, 2003. That motion
was denied on December 10, 2003.
Additional Procedural History
This Court originally docketed the appeals of Trials 1 and 2 as 2006-KA[-
0]1607 and 2005-KA-[00]526, respectively. Because Hopper’s attorney never
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proceeded with his appeal, both appeals were dismissed. The cases languished
until, through a series of post-conviction[-]relief and habeas petitions, the
Mississippi Supreme Court allowed Hopper to proceed in an out[-]of[-]time
appeal, and consolidated both trials into this cause number. The Supreme
Court appointed the Indigent Appeals Division of the Office of State Public
Defender. This case was subsequently assigned to [this Court].
Facts of Trial 1
On August 16th, 2002, in Friars Point, Mississippi, Doyle Hunter was in front
of a local store when he was shot by [Hopper]. Hunter was hit in the face and
in the shoulder blade. Hunter was transported to a hospital in Memphis and
lived. Earlier that night Hunter and Hopper had a disagreement. Hunter was
intoxicated. Hunter testified that he “didn’t think” that the argument was over
drugs and denied being in a gang. Hopper, however, testified that Hunter had
told him that Chief Anthony Smith [of the Friars Point Police Department]
wanted to see Hopper.
The afternoon of the next day, Chief [] Smith . . . having developed Hopper as
a suspect in the shooting of Hunter, spotted who he believed to be Hopper.
Chief Smith parked his vehicle, and, when he reached over to put his keys in
his passenger seat, Chief Smith was shot through the lower neck, near his
shoulder. When Chief Smith turned, he saw Hopper with a gun pointed
towards him. Chief Smith yelled for a passerby, and directed him to use the
radio to call the sheriff’s department . . . By the time Chief Smith regained his
faculties, Hopper had already fled the scene.
That evening, authorities communicated with [] Parker, who told them that
Hopper had stopped by Parker’s residence. Police attempted to arrest Hopper
at Parker’s house, but were unable to, the circumstances of which resulted in
the charges in Hopper’s second trial, discussed below.
Hopper was eventually apprehended at his grandmother’s house. He was
found hiding in a trunk. Police recovered a 9mm handgun. Hopper stipulated
that the weapon was assigned to and used by Officer John Martin Harris with
the Friars Point Police Department.
He was interviewed while at the hospital. Hopper had been shot prior to his
arrest. Investigators testified that Hopper told them that Hopper had shot both
Chief Smith and [] Hunter.
Hopper testified that on the night of [] Hunter’s shooting, [] Hunter was
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speaking to him about some drugs missing from Chief Smith . . . Hopper then
realized that Joseph Brown had a gun in his face. Hopper and Edwin Brown,
who was also there, wrestled over the gun and it accidently went off, hitting
Hunter. In his testimony, Hopper flatly denied shooting Hunter.
Hopper testified that he, Hunter, Marcus Williams, and Edwin Brown were
selling drugs. Hopper wished to stop selling drugs, because “it was getting too
deep.” Hopper testified that 15 kilos of cocaine had gone missing, and that he
was being accused of stealing it. Hopper testified that the Friars Point Police
Department was in the business of selling drugs, and Chief Smith and he had
“made transactions” in the past.
Hopper admitted to shooting Chief Smith, but claimed to do so because if
Chief Smith had taken him into custody, Hopper believed he would not make
it to the jail and would be killed. Hopper testified that later that evening, he
went to Parker’s house when Parker was not there . . . .
Facts of Trial 2
In the early morning hours of August 18, 2002, Coahoma Sheriff Andrew
Thompson was called to Parker’s house where police believed they had located
Hopper. When he arrived, it became apparent that two officers had been shot.
Officer Harris had gone to the house to speak with Parker. Parker was initially
uncooperative, but agreed to go with officers. Parker asked if he could secure
the residence, and Officer Harris and Deputy Victor Randall followed him,
with guns drawn, because it was dark inside. Otha Hunter and Oliver Mitchell
were also on the porch at the time. Officer Harris told Deputy Randall to
cover the right side of the house, and Harris was to take the left. Officer
Harris testified that he took three to four steps into the house and shots rang
out.
Officer Harris saw that he was hit in the right elbow. After going to the
hospital, he learned that he had been hit three times. Officer Harris testified
he never fired a shot. Deputy Randall[, who] was behind Officer Harris, tried
to grab him, but was shot himself. Deputy Randall backed out of the house,
and Hopper shut the door and placed a piece of furniture in front of it. Hopper
took Harris’s gun, his extra magazine, and his handheld radio. Officer Harris
testified that at one point Hopper tried to drag Officer Harris to the door to be
released, but he could not because Hopper had been injured.
Hopper had taken a police radio and was screaming over the radio. While
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Officer Harris was down, several shots were fired from the house, striking
several vehicles. Eventually, law enforcement tried to enter the house using
a stack, where several officers line up in a row behind a shield. When officers
used the battering ram on the door, nothing happened. After using the ram
again, it became apparent that something was against the door. At that point,
shots rang out, hitting the shield.
[Several officers hid behind a shield], with Deputy Neil Mitchell . . . and
Officer Kenny Scott in the back. Both [Deputy] Mitchell and [Officer] Scott
were shot. Deputy Mitchell testified that while he was behind the shield, shots
rang out, and he was hit in the right leg.
Eventually, Officer Harris had 911 call the law enforcement outside to let them
know that Hopper had left the house . . . . Police recovered a [.]40 caliber
pistol from the house. The parties stipulated that the firearm was Hopper’s.
As noted above, Hopper was eventually arrested at his grandmother’s house.
Because he was shot, he was taken to the hospital, where he received
treatment. In a statement to police, he admitted to shooting Officer Harris’s
9mm handgun. At Hopper’s grandmother’s [house] police found a 9mm
pistol. The parties stipulated that the pistol was that of Officer Harris.
Hopper testified that he was in Parker’s house “trying to lay low,” because he
felt that his life was in danger. Hopper testified [that] when authorities were
entering the house, he heard them yell[,] “Sheriff’s Department,” but before
Hopper could raise his hands, Deputy Randall began to open fire, shooting
Hopper in the arm, and Officer Harris in the back. Hopper testified that when
the next group of officers attempted to enter the house, they, too, fired first.
Hopper testified that he explained to Harris his fears of the Friars Point Police
Chief, because of his involvement in the drug trade. Eventually, Hopper
[handed] the phone to Officer Harris . . . and left the house.
(Internal citations omitted).
DISCUSSION
¶3. Hopper’s attorney makes various assertions on appeal regarding Hopper’s ineffective-
assistance-of-counsel claim: (1) in trial one, his attorney erred in failing to request an
accident instruction; (2) in trial one, his attorney failed to move to sever his trial with
6
codefendant Patrick Parker; (3) his attorney failed to object to inadmissible evidence; (4) his
attorney failed to move for a change of venue; and (5) his attorney failed to provide adequate
representation. Hopper filed a pro se supplemental brief, including the following issues: (6)
forensic expert Dave Zeliff’s testimony violated the Confrontation Clause and was
prejudicial; (7) the State withheld exculpatory evidence; (8) his indictments were defective;
and (9) he was denied a speedy trial. We address each contention below.
¶4. To prove his counsel was ineffective, Hopper must show (1) his counsel’s
performance was deficient, and (2) the deficient performance prejudiced his defense.
Strickland v. Washington, 466 U.S. 668, 687 (1984). “Judicial scrutiny of counsel’s
performance must be highly deferential.” Id. at 689. A strong but rebuttable presumption
exists that counsel’s performance was effective. Gilley v. State, 748 So. 2d 123, 129 (¶20)
(Miss. 1999). “To overcome this presumption, ‘the defendant must show that there is a
reasonable probability that, but for counsel’s unprofessional errors, the result of the
proceeding would have been different.’” Id. (quoting Strickland, 466 U.S. at 694).
1. Jury Instruction
¶5. Hopper first argues that his counsel erred in failing to request an accident instruction.
“While a defendant is entitled to jury instructions that support his theory of the case, even
where that theory is based solely on the defendant’s own testimony, an evidentiary basis must
still exist for the jury instruction.” Laurent v. State, 94 So. 3d 1232, 1235 (¶13) (Miss. Ct.
App. 2012). Here, Hopper stated that, in an altercation with Hunter, the gun “accidentally”
went off several times. He also stated that he shot Chief Smith because of a “conspiracy”
7
between the police force and other drug dealers in the area. However, “[s]imply saying that
you shot in self-defense or that the shooting was an accident [without other corroborating
evidence] does not provide a defendant with an automatic right to instructions thereon.”
Robinson v. State, 726 So. 2d 189, 194 (¶19) (Miss. Ct. App. 1998). Without any evidentiary
basis, Hopper’s counsel would have no reason to request such an instruction. Hopper’s first
argument fails.
2. Severance of Trials
¶6. Hopper and Parker had different representation in a joint trial. Hopper argues his
counsel was ineffective for failing to request severance of their trials.
The granting or refusing of severance of defendants in cases not involving the
death penalty shall be in the discretion of the trial judge. The court may, on
motion of the [S]tate or defendant, grant a severance of offenses whenever:
1. If before trial, it is deemed appropriate to promote a fair
determination of the defendant’s guilt or innocence of each
offense; or
2. If during trial, upon the consent of the defendant, it is deemed
necessary to achieve a fair determination of the defendant’s guilt or
innocence of each offense.
URCCC 9.03.
¶7. “Where all the evidence at trial went to the guilt of both [defendants] and not to one
more than the other, it is not error to try the defendants jointly.” Buggs v. State, 754 So. 2d
569, 573 (¶16) (Miss. 2000). The record shows that Parker was indicted as accessory after
the fact. Parker’s theory of defense was that he was under duress, with Hopper pointing a
gun at his back. Hopper stated that he never had a gun to Parker’s back and that he only saw
8
Parker for a few seconds right when he fled the scene. Because the decision whether to move
for severance was within the purview of trial strategy, Hopper’s claim fails. See Cox v.
State, 793 So. 2d 591, 600 (¶41) (Miss. 2001).
3. Evidence
¶8. Hopper next argues that his counsel was ineffective in failing to object to evidence
introduced in each trial regarding the incidents of the other trial. Specifically he refers to (1)
defense counsel’s stipulation in trial one that the gun recovered at Hopper’s arrest belonged
to Officer Harris; and (2) defense counsel’s failure to object in trial two to references to the
allegations in trial one. Hopper claims the evidence was more prejudicial than probative and
should have been excluded under Mississippi Rule of Evidence 403.
¶9. “With respect to the overall performance of the attorney, counsel’s choice of whether
or not to file certain motions, call witnesses, ask certain questions, or make certain objections
falls within the ambit of trial strategy and cannot give rise to an ineffective[-]assistance[-]
of[-]counsel claim.” Shinn v. State, 174 So. 3d 961, 965 (¶10) (Miss. Ct. App. 2015)
(citation omitted). Hopper essentially argues that the stipulation of Officer Harris’s gun in
trial one was prejudicial because Hopper was charged with Officer Harris’s assault in trial
two. Although Hopper had two separate trials, the charged crimes stemmed from the same
sequence of events. It is plausible that defense counsel stipulated to the gun in trial one
because the officer who testified was simply testifying about the gun he recovered after
Hopper’s arrest.
¶10. “We presume that decisions not to object to testimony were strategic if they fairly can
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be characterized as such.” Id. at 967 (¶15). The “references” in trial two to the events of
trial one occurred in the State’s opening statement and Officer Thompson’s testimony. Both
of these references were almost unavoidable given the nexus between the crimes. We find
defense counsel’s decisions fell within the ambit of trial strategy. Thus, Hopper’s argument
fails.
4. Change of Venue
¶11. Hopper’s next claim focuses on his attorney’s failure to move for a change of venue,
despite the local publicity surrounding both cases. Specifically, he refers to the voir dire in
trial two, when the judge and defense counsel noted that the entire venire knew about the
facts of the case.
¶12. Our supreme court has held that defense counsel is under no duty to attempt to transfer
venue and, therefore, the decision not to would fall within the realm of strategy. Faraga v.
State, 514 So. 2d 295, 307 (Miss. 1987) (citing Murray v. Carrier, 477 U.S. 478 (1986)). In
Faraga, the entire venire had heard of the case due to pretrial publicity. Id. Faraga argued
that his counsel was ineffective for failing to move for a change of venue. Id. The court
ultimately held that trial strategy and the overwhelming evidence kept Faraga from meeting
either prong of the Strickland analysis. Id. For the same reasons, Hopper’s claim fails.
5. Defense Counsel’s Representation
¶13. Hopper contends that his attorney failed to provide any “meaningful” representation.
“The right to effective counsel does not entitle the defendant to have an attorney who makes
no mistakes at trial. The defendant just has a right to have competent counsel.” Bell v. State,
10
879 So. 2d 423, 439 (¶50) (Miss. 2004). To say there was overwhelming evidence to convict
Hopper at both trials is an understatement. At the first trial, over twenty witnesses testified
on the State’s behalf, including both victims. Fourteen witnesses, including the wounded
officers, testified for the State at the second trial. It is highly improbable that, but for any of
counsel’s alleged professional errors, the outcome of Hopper’s trials would have been any
different. Even so, it is fully apparent from the record that Hopper received effective
assistance of counsel.
6. Dave Zeliff’s Expert Testimony
¶14. In Hopper’s supplemental brief, he argues that forensic expert Dave Zeliff’s testimony
violated the Confrontation Clause and was prejudicial. Zeliff, a chief technician of the
Mississippi Crime Laboratory, testified about the projectiles that were removed from police
vehicles at the crime scene. Zeliff was present at the crime scene and recovered multiple
projectiles, but not all. At trial, both parties stipulated to the following:
A bullet projectile was recovered by Arthur Chancellor with the Mississippi
Crime Laboratory from the driver’s side door of the Coahoma County Sheriff’s
Department vehicle number 4. Said bullet, which is exhibit 87, was analyzed
at the Mississippi Crime Laboratory, was found to have been fired by the
pistol, which is exhibit 2, previously testified as being Officer Harris’[s]
service weapon.
¶15. Hopper claims that his inability to cross-examine the technician who actually
recovered this bullet violated the Confrontation Clause. Hopper made no objection at trial
and has therefore waived the issue on appeal. See Jenkins v. State, 102 So. 3d 273, 283 (¶30)
(Miss. Ct. App. 2011). Procedural bar notwithstanding, our supreme court held in McGowen
v. State, 859 So. 3d 320, 339 (¶68) (Miss. 2003), that, “when the testifying witness is a
11
court-accepted expert in the relevant field who participated in the analysis in some capacity,
. . . then the testifying witness’s testimony does not violate a defendant’s Sixth Amendment
rights.” Zeliff was in charge of the crime scene and processed the crime scene. He clearly
participated in the analysis of the evidence recovered. Thus, we cannot say Hopper’s Sixth
Amendment rights were violated. Further, Hopper has failed to show how he was prejudiced
by the stipulation or Zeliff’s testimony.
7. Exculpatory Evidence
¶16. Hopper next claims that the State withheld exculpatory evidence, notably that the gun
Hopper used was registered to Joseph Brown. His contention is simply not true. In both
trials, Agent Joey Hall testified that, after running a check on the gun, he discovered Brown
was the sole, original owner. He further explained that Brown bought the gun for Hopper
and gave it to Hopper shortly thereafter. Hopper also testified to the same effect.
Consequently, his argument lacks any merit.
8. Defective Indictment
¶17. Hopper also claims that his aggravated-assault indictments were defective because
they did not specify “serious” bodily injury. Both indictments stated that Hopper caused
bodily injury with a deadly weapon (specifically, a pistol). When Hopper was indicted in
2003, Mississippi Code Annotated section 97-3-7(2)(b) (Rev. 2002) read, in pertinent part:
A person is guilty of aggravated assault if he (a) attempts to cause serious
bodily injury to another, or causes such injury purposely, knowingly or
recklessly under circumstances manifesting extreme indifference to the value
of human life; or (b) attempts to cause or purposely or knowingly causes
bodily injury to another with a deadly weapon or other means likely to produce
death or serious bodily harm.
12
¶18. Hopper’s claim is nearly identical to that of the defendant in Russell v. State, 924 So.
2d 604 (Miss. Ct. App. 2006). In that case, the court stated that “[i]t is clear from the plain
language of section 97-3-7(2)(b) that a defendant can be found guilty of aggravated assault
if, with the aid of a deadly weapon, he attempts to cause or purposely or knowingly causes
any degree of ‘bodily injury.’” Russell, 924 So. 2d at 607 (¶6). Thus, the court held that “an
indictment charging aggravated assault pursuant to section 97-3-7(2)(b) must only allege that
the defendant purposefully or knowingly caused or attempted to cause bodily injury to
another with a deadly weapon.” Russell, 924 So. 2d at 607 (¶6). Hopper’s claim fails.
9. Speedy Trial
¶19. For the first time on appeal, Hopper argues that he was denied the right to a speedy
trial. The balancing test set forth in Barker v. Wingo, 407 U.S. 514 (1972), applies when a
defendant’s constitutional right to a speedy trial is questioned. Ellis v. State, 141 So. 3d 415,
418 (¶8) (Miss. Ct. App. 2013). The test consists of four factors: “(1) the length of the delay,
(2) the reason for the delay, (3) whether the defendant has asserted his right to a speedy trial,
and (4) whether the defendant was prejudiced by the delay.” Id. (quoting Noe v. State, 616
So. 2d 298, 300 (Miss. 1993) (citing Barker, 407 U.S. at 530)). “The length of the delay is
to some extent a triggering mechanism. Until there is some delay which is presumptively
prejudicial, there is no necessity for inquiry into the other factors that go into the balance.”
Id. (citing Barker, 407 U.S. at 530. A delay of eight months or longer is presumptively
prejudicial. Noe, 616 So. 2d at 300. Hopper committed the crimes in August 2002, was
indicted in June 2003, and had his trials in July 2003 and November 2003. So there was
13
roughly an eleven-month delay for the first trial and a fifteen-month delay for the second.
¶20. When the speedy-trial issue is raised for the first time on appeal, we must determine
whether plain-error review is applicable, i.e., whether an “error of the trial court has impacted
upon a fundamental right.” Sanders v. State, 678 So. 2d 663, 670 (Miss. 1996). See also
Morgan v. State, 793 So. 2d 615, 617 (¶19) (Miss. 2001) (Plain-error review is applicable
when the error is “so fundamental that it generates a miscarriage of justice[.]”). In Dora v.
State, 986 So. 2d 917, 924-26 (¶¶15-20) (Miss. 2008), the Mississippi Supreme Court noted
that Dora tried to “leapfrog” over the required plain-error analysis by making assertions
under the Barker factors. The court ultimately found that there was no plain error and that
a defendant’s failure to raise the issue of speedy trial with the trial court had waived the issue
on direct appeal. Id.
¶21. Hopper has in no way shown how his delay resulted in a miscarriage of justice.
Similarly to the defendant in Dora, Hopper failed to raise a speedy-trial issue at trial, making
his claim on direct appeal procedurally barred. See also Ellis, 141 So. 3d at 418 (¶8).
However, we dismiss Hopper’s claim without prejudice so that he may raise it as an
ineffective-assistance-of-counsel claim in a post-conviction relief motion, if he so chooses.
CONCLUSION
¶22. We find Hopper received effective assistance of counsel. We also find Hopper’s
claims in his supplemental brief are without merit. Therefore, we affirm.
¶23. THE JUDGMENTS OF THE CIRCUIT COURT OF COAHOMA COUNTY OF
CONVICTION IN CAUSE NO. 2003-0005 OF COUNT I, AGGRAVATED ASSAULT,
AND COUNT II, AGGRAVATED ASSAULT ON A LAW ENFORCEMENT
OFFICER, AND SENTENCE OF TWENTY YEARS ON COUNT I AND THIRTY
14
YEARS ON COUNT II, TO RUN CONSECUTIVELY; AND CONVICTION IN
CAUSE NO. 2003-0006 OF COUNT IV, ARMED ROBBERY, AND SENTENCE OF
THIRTY-SEVEN YEARS, TO RUN CONSECUTIVELY TO THE SENTENCES IN
CAUSE NO. 2003-0005; AND COUNTS II, V, VI, VIII, AND IX, AGGRAVATED
ASSAULT ON A LAW ENFORCEMENT OFFICER, AND SENTENCE ON EACH
COUNT OF THIRTY YEARS, TO RUN CONCURRENTLY TO THE SENTENCE
IN COUNT IV, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS, ARE AFFIRMED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO COAHOMA COUNTY.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON,
WILSON AND WESTBROOKS, JJ., CONCUR. GREENLEE, J., NOT
PARTICIPATING.
15