Ray Cullens v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-KA-00854-COA
RAY CULLENS
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
02/09/2007
HON. PAUL S. FUNDERBURK
LEE COUNTY CIRCUIT COURT
W. DANIEL HINCHCLIFF
LESLIE S. LEE
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
JOHN RICHARD YOUNG
CRIMINAL - FELONY
CONVICTED OF COUNT I, KIDNAPPING,
AND SENTENCED TO TWENTY YEARS,
AND COUNT II, AGGRAVATED ASSAULT,
AND SENTENCED TO TWENTY YEARS,
WITH SENTENCES TO RUN
CONCURRENTLY AND WITH FIVE
YEARS SUSPENDED FOR EACH COUNT,
ALL IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS
AFFIRMED-09/23/2008
BEFORE LEE, P.J., ROBERTS AND CARLTON, JJ.
CARLTON, J., FOR THE COURT:
¶1.
Ray Cullens was indicted by a Lee County grand jury on July 19, 2005, for the
kidnapping and aggravated assault of Jesus Rodriguez. After a jury trial in the Lee County
Circuit Court, Cullens was convicted of both crimes. He was sentenced to serve twenty years
in the custody of the Mississippi Department of Corrections on each count, with five years
suspended, and the sentences to be served concurrently. Cullens now appeals his convictions
and sentences. No issue has been raised before this Court on appeal; therefore, we affirm.
FACTS
¶2.
On April 9, 2005, Rodriguez was visiting with neighbors in the Shannon Trailer Park,
in the home of Pamela Keck. After a while, Tamara Talley and Ladana Scruggs came over
to get beer. They asked Rodriguez to leave with them to go back to Tamara’s trailer, which
was directly behind Keck’s home. Rodriguez and the women left Keck’s home and went to
the home of Tamara and James Talley (Talley). At some point after the group went to
Talley’s residence, Talley hit Rodriguez, rendering him unconscious. Rodriguez does not
know what Talley used to hit him. While he was unconscious, the defendant, Cullens, who
was also at the residence, cut and stabbed Rodriguez. Talley and Cullens loaded Rodriguez
into a van and drove away from the trailer park.
¶3.
While they were riding in the van, Rodriguez regained consciousness. Cullens then
proceeded to beat and stab Rodriguez again as Talley continued to drive. Talley stopped at
a dead-end road in Nettleton, and Cullens threw Rodriguez out of the van. Talley and
Cullens left Rodriguez there and drove back home.
¶4.
Rodriguez was able to walk to a nearby home and ask for help. A Nettleton police
officer took Rodriguez to a Texaco station, where they met Officer Renaud Perry of the
Shannon Police Department. Perry called for an ambulance to take Rodriguez for treatment
2
at a nearby hospital.
¶5.
Talley and Cullens were arrested early the next morning and charged with aggravated
assault and kidnapping. Talley later pleaded guilty to both crimes; he testified against
Cullens at trial. Cullens was convicted by a jury and sentenced to serve twenty years in the
custody of the Mississippi Department of Corrections on each count, with five years
suspended on each, and the sentences to be served concurrently.
DISCUSSION
¶6.
Cullens is represented on appeal by the Mississippi Office of Indigent Appeals. His
counsel, W. Daniel Hinchcliff, stated in his brief, in accordance with Lindsey v. State, 939
So. 2d 743, 748 (¶18) (Miss. 2005), that he had diligently searched the procedural and factual
history of the case and scoured the record, but he was unable to find any arguable issue to
present to the Court. Out of an abundance of caution, this Court entered an order granting
Cullens an additional forty days to file a pro se brief in support of his appeal. Cullens’s brief
was due August 11, 2008. He did not file a brief. This Court must now consider Cullens’s
case on its merits and render a decision. See id.
¶7.
We have reviewed the record in this case carefully, and we find no arguable issue to
warrant reversal of Cullens’s conviction. See Eaton v. State, 913 So. 2d 413, 416 (¶6) (Miss.
Ct. App. 2005). Therefore, we affirm Cullens’s convictions and sentences.
¶8.
THE JUDGMENT OF THE LEE COUNTY CIRCUIT COURT OF
CONVICTION OF COUNT I, KIDNAPPING, AND SENTENCE OF TWENTY
YEARS, AND COUNT II, AGGRAVATED ASSAULT, AND SENTENCE OF
TWENTY YEARS, WITH SENTENCES TO RUN CONCURRENTLY AND WITH
FIVE YEARS SUSPENDED FOR EACH COUNT, ALL IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF CORRECTIONS, IS AFFIRMED. ALL COSTS
OF THIS APPEAL ARE ASSESSED TO LEE COUNTY.
3
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS,
BARNES, ISHEE AND ROBERTS, JJ., CONCUR.
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