Jackson v. State
| Docket Number: | 2009-KA-01549-COA Linked Case(s): 2009-CT-01549-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-01-2011 Opinion Author: Irving, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault & Possession of firearm by convicted felon - Sufficiency of evidence - Jury instruction Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Carlton, J. Without Separate Written Opinion Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-20-2009 Appealed from: Coahoma County Circuit Court Judge: Albert B. Smith III Disposition: Convicted of Count I, Aggravated Assault, and Count II, Possession of a Firearm by a Convicted Felon, and Sentenced to Ten Years, with Five Years of Post-Release Supervision for Count I, and Ten Years for Count II, with the Sentences to Run Concurrently, all in the Custody of the Mississippi Department of Corrections District Attorney: Brenda Fay Mitchell Case Number: 2008-0121 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bertrue Jackson |
JOHNNIE E. WALLS JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
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 & Possession of firearm by convicted felon - Sufficiency of evidence - Jury instruction |
| Summary of the Facts: | Bertrue Jackson was convicted of Count I, aggravated assault, and Count II, possession of a firearm by a convicted felon. Jackson was sentenced to ten years for each count, with the sentences to run concurrently, and five years of post-release supervision on Count I. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Jackson argues that because he allegedly acted in self-defense, the State failed to establish every element of aggravated assault. The State sufficiently proved the elements of aggravated assault, including that Jackson was not acting in self-defense when he shot the victim. The victim testified that he was not armed on the night of the shooting and that he did not threaten or provoke Jackson. Another witness also testified that the victim was unarmed. The only testimony that Jackson offered in support of his claim of self-defense was that of two witnesses who admitted that they were not present at the time of the shooting. Thus, the evidence supports Jackson’s aggravated-assault conviction. Issue 2: Jury instruction Jackson argues that the circuit court erred in denying a jury instruction that contemplated the use of a firearm by a convicted felon for the purpose of self-defense. However, Jackson cites no authority in support of his assignment of error which bars it on appeal. |
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