Richardson v. State
| Docket Number: | 2003-KA-00513-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-22-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Drive-by shooting - Directed verdict - Sufficiency of evidence - Peremptory challenge Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-21-2003 Appealed from: Prentiss County Circuit Court Judge: Thomas J. Gardner Disposition: DRIVE-BY SHOOTING: SENTENCED TO 15 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH 8 YEARS OF SAID SENTENCE SUSPENDED AND 5 YEARS OF POST-RELEASE SUPERVISION. District Attorney: John Richard Young Case Number: CR01-123 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jermaine Richardson |
WILLIAM C. BRISTOW |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Drive-by shooting - Directed verdict - Sufficiency of evidence - Peremptory challenge |
| Summary of the Facts: | Jermaine Richardson was found guilty of the crime of drive-by shooting and was sentenced to fifteen years, with eight years suspended and five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Directed verdict Richardson argues that the court erred in denying his motion for a directed verdict. When a defendant moves for directed verdict after the State rests and that motion is overruled, if the defendant proceeds with his case, he waives the appeal of the denial of his motion for directed verdict. By proceeding with his case, Richardson waived the appeal of this issue. Issue 2: Sufficiency of evidence Richardson argues that the evidence is insufficient. Although Richardson testified that he fired the gun into the air in order to scare the victim, the victim testified that Richardson was inside the car when the shot was fired. The fact that a bullet matching the gun fired by Richardson was found lodged in the victim's car, which had been parked in front of his apartment door, bolsters his testimony. Given the evidence, it was reasonable for the jury to find Richardson guilty of the crime of drive-by shooting. Issue 3: Peremptory challenge Richardson argues that the court erred in overruling his objection to the State's use of a peremptory challenge on a juror, because the State did not give a sufficient race-neutral reason. The reason given by the prosecution for the challenge was that the juror worked with the mother of two of the key witnesses. Since Richardson did not proffer any evidence to rebut that explanation, there is no error. |
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