Case: 45CO1:19-cr-00002 Document #: 23 Filed: 03/04/2020 Page 1 of 3

IN THE COUNTY COURT OF MADISON COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI PLAINTIFF

VS. FC iiVc*R
UNTY
19-0003

MAR 0 4 2020
BARRY W. GILMER ANITA WRAY, CIRCUIT CLERK
DEFENDANT
BY D.C.
ORDER DISMISSING APPEAL AND REMA ING FOR SENTENCING

This cause having come before the court on the motion of the State of

Mississippi to dismiss the appeal of the Defendant and remand the matter to the

Justice Court of Madison County for execution of the sentence and judgment

previously ordered, and the court, being advised in the premises, considers it well-

taken and finds as follows, to-wit:

The above causes were consolidated for jury trial by Order of the

Court on August 26, 2019. The jury trial requested by the Defendant was

scheduled to begin on February 24, 2020 at 9:00 a.m, and was thereafter

rescheduled to February 27, 2020, at 1:00 p.m. by Order of the Court executed on

January 22, 2020. The Defendant failed to cooperate with the Scheduling Orders

in this matter, specifically pertaining to discovery, motions, jury instructions, a

status pre-trial conference and motion hearing, and most importantly, by failing to

appear at the appointed time and place for the jury trial, all at great expense and

inconvenience to the parties and the court. The Defendant sent informal emails to

the court asserting various illnesses and court conflicts, and though ordered by the
 Case: 45CO1:19-cr-00002 Document #: 23 Filed: 03/04/2020 Page 2 of 3

court to do so, repeatedly failed to produce documentation supporting same.

Today, after the jury had been qualified by the undersigned, the Defendant

failed to appear for long-scheduled trial at 1:00 pm, and, at 1:17 p.m. sent an email

to the court and counsel without any corroboration, attempting to explain his

absence. Accordingly, the Court hereby ORDERS:

THAT the appeal of the two charges which was filed by the Defendant in the

above styled causes which originated in the Justice Court of Madison County shall

be and is hereby dismissed;

THAT all costs of appeal and jury venire for 41 Madison County jurors shall

be assessed against the Defendant; and

THAT the Defendant shall appear for the execution of his Madison

County Justice Court sentence at 9:00 a.m. on Wednesday, March 18th, 2020

at the Madison County Justice Court, 2961 South Liberty Street Canton,

Mississippi.
61$1t.k.+44 Y
SO ORDERED, this the 27day of Macsia, 2020.

eill, Sr.
pecial Judge
 Case: 45CO1:19-cr-00002 Document #: 23 Filed: 03/04/2020 Page 3 of 3
Wanda Jefferson

From: Wanda Jefferson

Sent: Wednesday, March 4, 2020 3:16 PM
To: Pamela.Hancock@madison-co.com; Cheryl Horn (Cheryl.Horn@madison-co.com)
Subject: ORDER DISMISSING APPEAL AND REMA ING FOR SENTENCING co-2019-0003
Attachments: 2019-0003 order.pdf

FI L E MADISON COUNTY

MAR 04 2020
ANITA WRAY, CIR UIT CLERK I
BY D.C.