Cooley v. State
| Docket Number: | 2007-KA-01555-COA Linked Case(s): 2007-KA-01555-SCT ; 2007-KA-01555-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of firearm by convicted felon - Admission of shotgun - Sufficiency of evidence Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-19-2007 Appealed from: WAYNE COUNTY CIRCUIT COURT Judge: Robert Bailey Disposition: CONVICTED OF POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED TO THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A FINE OF $2,000 District Attorney: Bilbo Mitchell Case Number: 07-23-K |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JERRY COOLEY, JR. |
LESLIE D. ROUSSELL,
MARCUS DOUGLAS EVANS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD |
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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: | Possession of firearm by convicted felon - Admission of shotgun - Sufficiency of evidence |
| Summary of the Facts: | Jerry Cooley, Jr., was convicted of possession of a firearm by a convicted felon and was sentenced to three years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of shotgun Cooley argues that the court erred by allowing the shotgun into evidence, because the State failed to establish a proper chain of custody and the shotgun was not presented in the same manner in which it was found at the scene of the incident. The supreme court has never required a production of every person who handled the object or an accounting of every moment in order to establish proper chain of custody. The State presented evidence that the shotgun was locked in the deputy’s trunk until he turned it over to the sheriff, and the shotgun was then placed in the evidence locker. The deputy testified that the shotgun remained in the evidence locker until it was brought to court on the morning of the trial. This evidence is sufficient to establish the chain of custody. The deputy positively identified the shotgun as the same shotgun that he had retrieved from the ditch. He testified that he found the shotgun in two pieces. However, he fixed the shotgun, putting it back together in one piece because that made it easier to store in the evidence locker. Based on this testimony, the shotgun admitted into evidence is what the State purported it to be – the same shotgun that the deputy Douglass found at the scene of the incident. Issue 2: Sufficiency of evidence Cooley argues that the trial court erred by denying his motion for a directed verdict because the State did not prove that the shotgun was an operable firearm. Cooley presents no evidence that the shotgun was inoperable. In fact, in his statement, Cooley said that he used the shotgun to shoot wild dogs. It is doubtful that Cooley carried an inoperable weapon to defend himself against wild dogs. In addition, section 97-37-5(1) does not provide that the State must prove that the weapon is operable. |
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