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Dubose v. State6/2/2005
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 06/02/2005
BEFORE SMITH, C.J., EASLEY AND GRAVES, JJ.
PROCEDURAL HISTORY
. Latanya Leshawn Dubose was indicted for the murder of her former boyfriend Leonard Ray Harris pursuant to Miss. Code Ann. ยง 97-3-19(1)(a). On August 6-8, 2003, Dubose was tried by a jury in the Circuit Court of Jackson County, Mississippi, the Honorable Robert P. Krebs, presiding, for the crime of murder. Dubose was convicted of manslaughter by the jury and sentenced to serve a term of 20 years in the custody of the Mississippi Department of Corrections, with 13 years to serve, 7 years suspended, and 5 years on post-release supervision. The trial court also ordered Dubose to send a letter to the children of Harris apologizing for her actions. The trial court denied all of Dubose's post-trial motions. Dubose appealed to this Court.
FACTS
. Dubose met Harris about six months prior to his death. Dubose had been dating Harris since January 2002. On July 21, 2002, Dubose told Harris that she no longer wanted to see him. Harris did not want to end the relationship. He arrived at Dubose's home in the morning and wanted to talk about the situation. Dubose told Harris that she did not want to work things out. Harris then grabbed Dubose by the head and dragged her to the floor. He got on top of her, put his hand around her neck and repeatedly told her that he would kill her.
. Then, Harris pulled off her underwear, touched her inappropriately and stated that her private body parts belonged to him. She stated that his actions made her feel very bad and degraded. Dubose pushed Harris off her and went into the living room. Harris pleaded that they stay together, but Dubose refused again. Harris then slapped Dubose, got on top of her, began choking her and told her a second time that he would kill her. As Dubose was wrestling with Harris the telephone fell to the ground. A few of the telephone buttons made a noise and Dubose told Harris "they're coming, they're coming." Harris left the house shortly thereafter.
. Dubose left her house to go to the police station. However, she stopped by Doug Cherry's house. Cherry was Harris's roommate and lived only two houses from Dubose's house. Dubose went to the house to tell Doug what had occurred and not to see Harris. At the time she went to Doug's house, Dubose was carrying a gun so that Harris could not hurt her.
She told Cherry to tell Harris that if he ever hurt her again then she was going to kill Harris. Dubose then left to go to the police station to press charges against Harris.
. Dubose testified to numerous incidents in which Harris beat her and threatened her life. She had never called the police prior to this incident because she was afraid that Harris would beat her.
. On her way to the police station, Dubose was wearing only a t-shirt and a robe. She stated that she was hysterical. However, as she drove to the station, she saw Harris's car at a Chevron station. Dubose parked her car behind Harris's car. At this point, Harris walked out of the store. Dubose yelled at Harris to look at what he had done to her face. After a few exchanges, in which Dubose exited her vehicle holding a gun, she told Harris that she was on her way to the police station to press charges against him. Dubose stated "I seen the look in his eyes, and I saw his face clinch, like he was going to come at me and hit me, and I just closed my eyes and I just shot." She stated that something had come over her, and she was scared.
. Dubose left the scene to return home. On her way home, Cherry called her
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