Kendall Wayne Pilgrim v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2001-KA-00480-COA
KENDALL WAYNE PILGRIM
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
APPELLANT
APPELLEE
03/15/2001
HON. MARCUS D. GORDON
NESHOBA COUNTY CIRCUIT COURT
EDMUND J. PHILLIPS JR.
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY JR.
KEN TURNER
CRIMINAL - FELONY
CONVICTED OF POSSESSION OF
METHAMPHETAMINE AND SENTENCED TO SERVE 6
YEARS IN THE CUSTODY OF THE MISSISSIPPI
DEPARTMENT OF CORRECTIONS
AFFIRMED - 09/17/2002
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
10/8/2002
BEFORE SOUTHWICK, P.J., LEE, AND MYERS, JJ.
MYERS, J., FOR THE COURT:
¶1. Kendall Wayne Pilgrim was convicted of possession of methamphetamine in the Circuit Court of
Neshoba County and sentenced to serve six years in the custody of the Mississippi Department of
Corrections. Pilgrim filed a notice of appeal on March 15, 2001. Pilgrim's attorney filed a memorandum
with this Court stating that upon a thorough search of the record he could not find any issue that would
arguably support the appeal. The attorney sent a copy of this memorandum to Pilgrim on October 26,
2001. Pilgrim has been given the opportunity to raise any points of error but has failed to do so. The State
filed a response to Pilgrim's attorney's memorandum concurring that no arguable basis for appeal exists.
¶2. In situations where the appellant's attorney examines the record and finds that no arguable basis for
appeal exists, the attorney is required to make a determination that the appeal is unlikely to be successful,
file a brief or memorandum asserting that he thoroughly examined the record referring to anything in the
record that would arguably support an appeal, and advise his client of the right to file a pro se brief. Turner
v. State, 818 So. 2d 1186, 1189 (¶11) (Miss. 2002), overruling Killingsworth v. State, 490 So. 2d
849 (Miss. 1986). The appellate court is then required to conduct an independent review of the record of
the case. Turner, 818 So.2d at 1189 (¶11). Pilgrim's attorney has complied with the dictates of Turner v.
State. Pilgrim was given ample time to raise any points of error but has failed to do so. Upon a thorough
examination of the record, this Court does not find an arguable basis for this appeal. This appeal is without
merit.
¶3. THE JUDGMENT OF THE CIRCUIT COURT OF NESHOBA COUNTY OF
CONVICTION OF POSSESSION OF METHAMPHETAMINE AND SENTENCE OF SIX
YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO NESHOBA COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR.
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