Bryce B. Heisser v. State of Mississippi
213 So. 3d 544
| Miss. Ct. App. | 2016Background
- On December 7, 2005, Linda White Brett was forced into her Florence, Mississippi home by a group including Bryce Heisser; property was stolen and Brett was stabbed multiple times.
- Police traced a stolen cell phone to Lemartine Taylor; Taylor confessed and implicated Jennifer Dillon and Heisser. Dillon pleaded guilty and testified for the State; Javon Ransburgh also testified against Heisser.
- Heisser was convicted of armed robbery (life), aggravated assault (20 years), and burglary of a dwelling (25 years), with sentences to run consecutively.
- At trial, Jury Instruction S-5 defined burglary as breaking and entering a dwelling "with the intent to commit the crime of larceny therein." Defense counsel did not object to S-5 at trial.
- Heisser appealed, arguing the jury should have been instructed on the elements of larceny (the underlying crime) rather than merely naming larceny as the intended crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury needed an instruction defining the elements of larceny when burglary instruction identified larceny as the intended crime | Heisser: The jury should have been instructed on larceny's elements so they would know what "intent to commit larceny" requires | State: The burglary instruction properly stated the law; only intent to commit some crime need be proven, not the elements of that crime | Court: No error. Instruction adequately conveyed elements of burglary; State presented sufficient evidence of intent to steal; conviction affirmed |
Key Cases Cited
- Sheriff v. State, 156 So. 3d 924 (Miss. Ct. App. 2014) (standard of review for jury instructions and that instructions are read as a whole)
- Windless v. State, 185 So. 3d 956 (Miss. 2015) (holding court need not instruct on elements of underlying offense when jury can find intent to commit some crime)
- Quinn v. State, 191 So. 3d 1227 (Miss. 2016) (reaffirming that only intent to commit some crime is required for burglary's second element)
- Daniels v. State, 107 So. 3d 961 (Miss. 2013) (contrast and citation in burglary/underlying crime instruction context)
- Bolton v. State, 113 So. 3d 542 (Miss. 2013) (similar treatment of burglary intent and underlying offense)
- Watts v. State, 492 So. 2d 1281 (Miss. 1986) (procedural note on raising issues in posttrial motions)