113 So. 3d 573
Miss. Ct. App.2012Background
- March 19, 2010 burglary call; Bolton inside the house with Caston fleeing; house appeared ransacked; Vance’s daughter says Bolton had no permission.
- Bolton admitted breaking in to steal for money; charged with breaking and entering with intent to take property from Millie Vance.
- Bolton testified Caston instigated the break-in; Bolton denied any intent to steal.
- Jury instructed on burglary and trespass; if trespass with no intent to commit crime, guilty of trespass; burglary requires intent to commit a crime.
- Jury found Bolton guilty of burglary; sentenced to 25 years; Bolton timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission of larceny elements was fundamental error. | Bolton: jury should be instructed on larceny elements. | State: burglary lacks need to prove larceny elements. | Not fundamental error; instruction adequate and harmless. |
| Ineffective assistance of counsel at trial. | Bolton: counsel failed to object to improper comments and instruction. | State: comments/prejudices were non-prejudicial; strategy. | No deficient performance or prejudice; conviction affirmed. |
Key Cases Cited
- Lyles v. State, 12 So.3d 532 (Miss. Ct.App.2009) (fundamental error standard for failing to instruct on essential elements)
- Booker v. State, 716 So.2d 1064 (Miss.1998) (burglary elements explained; ulterior crime need not be charged in indictment)
- Tran v. State, 962 So.2d 1237 (Miss.2007) (burglary elements include breaking and entering and intent)
- Ashley v. State, 538 So.2d 1181 (Miss.1989) (intent element of burglary)
- Shaffer v. State, 740 So.2d 273 (Miss.1998) (fundamental error considerations)
- Conley v. State, 790 So.2d 773 (Miss.2001) (harmless-error doctrine guidance)
- Spicer v. State, 921 So.2d 292 (Miss.2006) (prosecutor comments; mistrial standards)
- Brown v. State, 986 So.2d 270 (Miss.2008) (prejudice standard for trial-error claims)
- Goodin v. State, 787 So.2d 639 (Miss.2001) (prosecutor comments and artifacts of error)
- Thomas v. State, 14 So.3d 812 (Miss.Ct.App.2009) (analysis of prejudice/closing arguments)
- Long v. State, 52 So.3d 1188 (Miss.2011) (closing argument conduct reasonable influence)
- Bell v. State, 725 So.2d 836 (Miss.1998) (constructive amendment concepts)