Court of Appeals upholds judgment against Lincoln County man for molestation
Published 11:01 am Wednesday, November 27, 2024
The Mississippi Court of Appeals has upheld a Lincoln County Circuit Court jury conviction against Reginald Marte’z Fox.
Fox was convicted in 2021 of one count of molestation (specifically, for “touching, handling, etc. a child for lustful purposes”) and two counts of sexual battery of a minor. Fox appealed his conviction, as well as his sentence of 15 years to serve in the custody of the Mississippi Department of Corrections for the molestation conviction, and 25 years in custody (5 years suspended and 20 to serve) for the two counts of sexual battery, all to run concurrently, followed by 5 years post-release supervision.
In his appeal, Fox raised issues of ineffective assistance of counsel, the alleged erroneous admission of evidence and expert testimony, and the Circuit Court’s denial of his motions for a directed verdict and judgment notwithstanding the verdict, or either a new trial.
After review of the record and arguments raised by Fox and his counsel, the Court of Appeals has affirmed Fox’s convictions and sentences.
Fox’s appeals were based on the following issues:
- Whether his indictment erroneously charged molestation, a lesser-included offense of sexual battery, thereby violating his right to be free of double jeopardy
- Whether the Circuit Court erroneously allowed a State expert to offer medical opinion outside her area of expertise
- Whether the Circuit Court erroneously admitted a hotel receipt into evidence
- Whether the Court erred in denying Fox’s motion for a directed verdict
- Whether the State’s closing comments violated Fox’s constitutional rights
- Whether the Court erred in denying Fox’s motion for judgment notwithstanding the verdict
- Whether errors by the defendant’s trial counsel give rise to a claim of ineffective assistance of counsel
- Whether a juror lied about not knowing him, denying Fox’s right to an impartial jury
In response to each of these issues, the Court of Appeals ruled that they were either without evidence or merit.
All members of the Court of Appeals concurred, with no objections.