Donald William White, Jr v. State of Mississippi , 2016 Miss. App. LEXIS 495 ( 2016 )

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2015-KA-00261-COA
DONALD WILLIAM WHITE, JR. A/K/A APPELLANT
DONALD WILLIAM WHITE A/K/A DONALD
WHITE
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 01/26/2015
TRIAL JUDGE: HON. LESTER F. WILLIAMSON JR.
COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER
BY: BENJAMIN ALLEN SUBER
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ABBIE EASON KOONCE
DISTRICT ATTORNEY: BILBO MITCHELL
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CONVICTED OF SELLING ONE-TENTH OF
A GRAM OF METHAMPHETAMINE AND
SENTENCED, AS AN ENHANCED
OFFENDER, TO FIFTEEN YEARS IN THE
CUSTODY OF THE MISSISSIPPI
DEPARTMENT OF CORRECTIONS, TO
RUN CONSECUTIVELY TO A PRIOR
SENTENCE, AND ORDERED TO PAY A
FINE OF $2,500
DISPOSITION: AFFIRMED - 08/02/2016
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE LEE, C.J., WILSON AND GREENLEE, JJ.
LEE, C.J., FOR THE COURT:
FACTS AND PROCEDURAL HISTORY
¶1. Donald William White Jr. was convicted in the Circuit Court of Lauderdale County,
Mississippi, of selling one-tenth of a gram of methamphetamine under Mississippi Code
Annotated section 41-29-139 (Supp. 2015). The circuit court entered its judgment of
conviction on November 19, 2014. On January 26, 2015, White was sentenced as an
enhanced offender to fifteen years in the custody of the Mississippi Department of
Corrections, to run consecutively to a prior sentence. He was also ordered to pay a $2,500
fine and fees of $855. Subsequently, on January 29, 2015, White filed a motion for a new
trial or a judgment notwithstanding the verdict (JNOV). On appeal, White claims that the
circuit court erred in denying his motion for a new trial because the verdict was against the
overwhelming weight of the evidence.
DISCUSSION
¶2. “[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for a new
trial must be made within ten days of the judgment, and in the case of a motion for JNOV,
the motion must be made either within the ten days or by the end of the term of court.” Wells
v. State, 73 So. 3d 1203, 1206 (¶7) (Miss. Ct. App. 2011) (quoting Ross v. State, 16 So. 3d
47, 53 (¶7) (Miss. Ct. App. 2009)). White’s judgment of conviction was entered on
November 19, 2014. So to be timely, White’s motion for a new trial would have to have
been filed within ten days of that date. See Conwill v. State, 168 So. 3d 1080, 1084 (¶19)
(Miss. Ct. App. 2013). Instead it was not filed until January 29, 2015.1 Therefore, the circuit
court did not err in denying White’s motion for a new trial.
1
Further, White’s motion was filed outside of the term of court, as the November
2014 term of the Lauderdale County Circuit Court began on the first Monday of November
and ran for four weeks. See State of Mississippi Judiciary Directory and Court Calendar
(2014).
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¶3. THE JUDGMENT OF THE CIRCUIT COURT OF LAUDERDALE COUNTY
OF CONVICTION OF SELLING ONE-TENTH OF A GRAM OF
METHAMPHETAMINE AND SENTENCE, AS AN ENHANCED OFFENDER, OF
FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS, TO RUN CONSECUTIVELY TO A PRIOR SENTENCE, AND TO
PAY A FINE OF $2,500, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO LAUDERDALE COUNTY.
IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR, JAMES,
WILSON AND GREENLEE, JJ., CONCUR.
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