Austin v. State


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Docket Number: 2011-KA-00361-COA

Court of Appeals: Opinion Link
Opinion Date: 05-29-2012
Opinion Author: Russell, J.
Holding: Affirmed

Additional Case Information: Topic: Felon in possession of handgun - Sufficiency of evidence - Operable firearm
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ.
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-23-2011
Appealed from: Lowndes County Circuit Court
Judge: Lee Coleman
Disposition: CONVICTED OF FELON IN POSSESSION OF A WEAPON AND SENTENCED AS A HABITUAL OFFENDER TO SERVE A TERM OF TEN YEARS AND A FINE OF $5,000
Case Number: 2009-0186-CR1

  Party Name: Attorney Name:  
Appellant: Thomas Earl Austin, Jr. a/k/a Thomas Earl Austin




LESLIE S. LEE BENJAMIN ALLEN SUBER



 

Appellee: State of Mississippi OFFICE OF ATTORNEY GENERAL: W. GLENN WATTS  

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Topic: Felon in possession of handgun - Sufficiency of evidence - Operable firearm

Summary of the Facts: Thomas Austin was convicted of being a felon in possession of a handgun. He was sentenced as a habitual offender to serve ten years. He appeals.

Summary of Opinion Analysis: No one disputes that Austin was a previously convicted felon and aware of the presence and character of the .45-caliber handgun found. In fact, he admitted to intentionally and consciously possessing the firearm. Austin’s only argument is that there was insufficient evidence for finding that he possessed an operable firearm. The police officer testified that all the moving mechanisms of the gun worked and that only a magazine was needed to fire it. Pictures of the gun as well as the actual gun were shown to the members of the jury. While there was no magazine found in the toiletry bag, trunk, or car, the gun found was nevertheless a “firearm” for statutory purposes. There is no statutory requirement that a firearm be properly loaded when found with a previously convicted felon.


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