Davis v. State

379 So.3d 312

Jameco DAVIS a/k/a Jameco Aerion Davis

v.STATE of Mississippi

Jacqlaurence Jackson

v.State of Mississippi

NO. 2022-KA-00696-SCT CONSOLIDATED WITH NO. 2022-KA-00721-SCT

Supreme Court of Mississippi.

01/18/2024

ADAMS COUNTY CIRCUIT COURT, HON. DEBRA W. BLACKWELL, JUDGE

ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE M. McMILLIN, GEORGE T. HOLMES, Jackson

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CASEY B. FARMER

ATTORNEY FOR APPELLANT: KATHRINE C. CURREN

BEFORE RANDOLPH, C.J., COLEMAN AND CHAMBERLIN, JJ.

CHAMBERLIN, JUSTICE, FOR THE COURT:

¶1. Jameco Davis and Jacqlaurence Jackson were convicted of two counts of first-degree murder after a drive-by shooting in Natchez. Both Jameco Davis and Jackson appeal their convictions and sentences arguing that the trial court erred by adding a firearm enhancement to the sentences, that the trial court erred by failing to follow proper procedure for review of a Batson¹ challenge and that the verdict is against the overwhelming weight of the evidence. Jackson alone argues that the evidence is insufficient to support the verdict, that the trial court erred by denying his motion to sever and have separate trials and that the cumulative effect of these errors requires reversal. This Court finds that the firearm enhancement portions of the sentences should be vacated and that all other issues are without merit.

FACTS AND PROCEDURAL HISTORY²

¶2. On November 9, 2018, Natchez police officers Joseph Belling and Ernest Clemons responded to a report of a black Honda Accord that had crashed into a cement wall in the parking lot of the Stewpot located at the corner of Auburn Avenue and East Franklin Street in Natchez. The dead bodies of Tavonte White, in the driver’s seat, and Alicia Justice, in the passenger seat, were found in the vehicle with multiple gunshot wounds.

¶3. Officer Belling collected 9-millimeter shell casings, .40-caliber shell casings, and .223-caliber shell casings from the ground at the crime scene. Officer Belling also observed multiple bullet holes in the passenger’s side of the vehicle and bullet exit holes on the driver’s side of the vehicle. Officer Clemons, who was the lead investigator on the case, obtained surveillance video footage from multiple stores around the scene and determined that the suspects had been driving a 2008 Chevrolet Cobalt in a "silver and gray" color. The surveillance footage showed a silver sedan accelerating towards the Honda. The sedan drove beside the Honda for a moment before the Honda veered off and the sedan drove away.

¶4. In February 2021, Kendarrius Davis was in the Adams County jail undergoing questioning about a separate incident. During an interview with investigators, Kendarrius confessed to having information about the murder of White and Justice. Kendarrius told Officer Clemons that he was riding around Natchez in a car with Makaileus Johnson, Jameco Davis and Jacqlaurence Jackson when they saw White and began shooting at his vehicle.³ Officer Clemons believed Kendarrius’s statement because Kendarrius knew information that only someone at the scene could have known—which side of the car the bullets had entered and names and calibers of weapons that matched the recovered shell casings.

¶5. In reliance on Kendarrius’s confession, Officer Clemons issued warrants for Jackson and Jameco.⁴ Jackson and Jameco were arrested and both waived their Miranda⁵ rights to speak with Officer Clemons. Their interviews were recorded and played for the jury at trial.

¶6. Jackson denied any involvement in the crime and claimed to be with his girlfriend on the night of the crime. Jameco also denied any involvement in the crime and claimed to be in Texas during the time of the incident. Officer Clemons questioned Jameco about an Instagram video that showed Kendarrius and him together. In the video, Jameco makes statements that he "hit the blunt seven times dike [he] hit Bleek"⁶ and he was "smokin on an op." Officer Clemons interpreted Jameco’s statements to be a confession that he was responsible for the death of White. Jameco agreed that he was in that video and that he made those statements but, nevertheless, denied any involvement in the shooting.

¶7. On October 10, 2021, Kendarrius recanted his original statement implicating Jameco and Jackson. Instead, Kendarrius stated that Ken Owens, Woo⁷ and Dun Owens were responsible for killing White and Justice.⁸ On March 7, 2022, Kendarrius recanted his October 10, 2021 recantation, claiming that it was false and had been made because he feared for his life.

¶8. On November 17, 2021, Kendarrius, Jameco and Jackson were each indicted, under Mississippi Code Section 97-8-19(1)(a) (Supp. 2017), for one count of first-degree murder for the death of Justice; one count of first-degree murder for the death of White; and, under Mississippi Code Section 97-37-37(1) (Rev. 2014), for "using or displaying a firearm during the commission of the offense."

¶9. Jameco and Jackson were tried together on June 22-24, 2022, and Kendarrius, who pleaded guilty, testified against them at trial. Kendarrius testified that he was "chilling, riding, and smoking" in Natchez with Jackson, Jameco and Johnson. Jackson was driving, Johnson was in the front passenger’s seat, Jameco was behind the driver’s seat and Kendarrius was behind the front passenger’s seat. Kendarrius noticed that Jameco had an assault rifle and that Johnson had a pistol. During the ride, Jackson saw White, who was nicknamed Bleek, in a car driving near them. Kendarrius heard Jackson say, "There go Bleek." Jackson proceeded to speed up, and Jameco and Johnson began shooting into White’s vehicle. Kendarrius, however, did not personally witness Jameco firing the gun because he dropped to the floor of the car when the shooting began.

¶10. The jury found both Jameco and Jackson guilty of two counts of first-degree murder. Jameco and Jackson were both sentenced to life in prison. The trial judge added a firearm enhancement to both Jameco’s and Jackson’s sentences un- der Section 97-37-37(1), adding an additional five years for each count of first-degree murder that would run consecutive to the life sentences and consecutive to each enhancement.

¶11. On July 1, 2022, Jameco filed a motion for a new trial. On July 5, 2022, Jackson filed a motion for a new trial or, in the alternative, a motion for judgment not-withstanding the verdict. Both motions were denied by the trial court, Both Jameco and Jackson timely appealed. This Court consolidated the appeals and retained jurisdiction. Order, Davis v. State, No. 2022-KA-00696-SCT (Miss. Apr. 12, 2023).

ISSUES PRESENTED

¶12. On appeal, Jameco and Jackson’s arguments are best summarized as follows:

I. Whether the trial court erred by adding a firearm enhancement to the sentences.

II. Whether the trial court erred by failing to follow proper procedure for review of a Batson challenge.

III. Whether the verdict is against the overwhelming weight of the evidence.

¶13. Only Jackson argues on appeal:

IV. Whether the evidence is insufficient to support the verdict.

V. Whether the trial court erred by denying Jackson’s motion to sever and have separate trials.

VI. Whether the cumulative errors that occurred at trial denied Jackson his fundamental right to a fair trial.

DISCUSSION

I. Whether the trial court erred by adding a firearm enhancement to the sentences.

[1–3] ¶14. This Court gives deference to a trial court’s imposition of a sentence. Reynolds v. State, 585 So. 2d 753, 756 (Miss. 1991) ("The imposition of a sentence is within the discretion of the trial court[.]" (citing Reed v. State, 536 So. 2d 1336, 1339 (Miss. 1988))). Neither Jameco nor Jackson objected to the firearm enhancement before the trial court, so this Court reviews this issue for plain error. This Court has held that the plain error doctrine applies to illegal sentencing because "[a]n accused has a fundamental right to be free of an illegal sentence." Grayer v. State, 120 So. 3d 964, 969 (Miss. 2013) (citing Kennedy v. State, 732 So. 2d 184, 186 (Miss. 1999)). An illegal sentence is one that "exceeds the maximum statutory penalty for the crime." Id. (citing House v. State, 754 So. 2d 1147, 1150 (Miss. 1999)).

¶15. Both defendants were sentenced under Section 97-37-87(1) to an additional five years added to each count of first-degree murder that would ran consecutive to each enhancement and to the life sentences, Section 97-87-87(1) states:

(1) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term, of imprisonment in the custody of the Department of Corrections of five (5) years, which sentence shall not be reduced or suspended.

Miss. Code Ann. § 97-37-37(1).

¶16. On appeal, both defendants argue that the firearm enhancement sentence is illegal because the jury did not find the elements of the enhancements and "a greater minimum sentence is otherwise provided by" Mississippi Code Section 97-3-21(1) (Rev. 2014) for first-degree murder. Miss. Code Ann. § 97-37-37(1). The State concedes that Jameco and Jackson’s enhancements are illegal because "the fire- arm enhancement should not apply to sentences for first-degree murder."

¶17. All parties rely on this Court’s holding in Harris v. State to support their arguments that Jameco and Jackson’s sentence enhancements are illegal. Harris v. State, 99 So. 3d 169, 172 (Miss. 2012). In Harris, this Court vacated the firearm enhancement imposed under Mississippi Code Section 97-37-37(2) because Harris was a habitual offender who was required by statute to be sentenced to the maximum sentence for aggravated assault, twenty years. Harris, 99 So. 3d at 172; Miss. Code Ann. § 97-37-37(2); Miss. Code Ann § 97-3-7(2); Miss. Code Ann, § 99-19-81. Harris...