Drummond v. State
| Docket Number: | 2008-KP-00313-COA Linked Case(s): 2008-KP-00313-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-27-2009 Opinion Author: KING, C.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence - Hearsay - Ineffective assistance of counsel - Right to speedy trial Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-13-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2401-07-00303 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CHRISTOPHER KEON DRUMMOND |
CHRISTOPHER KEON DRUMMOND (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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: | Aggravated assault - Weight of evidence - Hearsay - Ineffective assistance of counsel - Right to speedy trial |
| Summary of the Facts: | Christopher Drummond was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Drummond argues that there is no evidence that he shot the victim, because the victim never identified him as the shooter and any knowledge the victim had of the shooter was based on misidentification. The jury’s verdict is consistent with the weight of the evidence. Two witnesses testified that Drummond approached them prior to the shooting inquiring as to the victim’s whereabouts and threatening to kill the victim because he allegedly had taken Drummond’s drugs. One of the witnesses stated that Drummond then came to the driver’s side of the car, asked the victim the whereabouts of his pills, and when the victim could or would not answer, Drummond shot him. Issue 2: Hearsay Drummond argues that the court erred in allowing the victim to present hearsay testimony. He argues that the victim testified that he could not identify the shooter by name but was allowed to testify that someone else told him who had shot him. This issue is procedurally barred on appeal as Drummond failed to object. Issue 3: Ineffective assistance of counsel Drummond argues that defense counsel’s failure to object when the State was attempting to elicit hearsay testimony from the victim amounted to ineffective assistance of counsel. The record does not affirmatively indicate that Drummond suffered denial of effective assistance of counsel of constitutional dimensions, and the parties have not stipulated that the record was adequate to allow the appellate court to make a finding without considering the finding of facts by the trial judge. Thus, this issue will not be addressed on direct appeal. Issue 4: Speedy trial For the first time on appeal, Drummond argues that his constitutional and statutory rights to a speedy trial were violated. A trial judge will not be found in error on a matter not presented to him for decision. |
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