138 So. 3d 158
Miss. Ct. App.2013Background
- Conner was convicted of burglary of a dwelling and felony fleeing, and sentenced to life imprisonment as a habitual offender under Miss. Code Ann. § 99-19-83.
- Campbell discovered a man in her home on August 18, 2007 and later identified Conner as that man at trial and in a photo lineup.
- A high-speed car chase ended with Conner fleeing on foot and being taken into custody after entering a house.
- Officer Kinne testified the fleeing vehicle matched Campbell’s description; Campbell’s identification and the dashboard video were admitted at trial.
- Before trial, the State amended the indictment to charge Conner as a habitual offender, with pen-pack evidence and a sworn Tennessee affidavit admitted.
- Conner challenged sufficiency of the felony-fleeing evidence, habitual-offender status, lack of a larceny element instruction, and the denial of a new-trial motion; the circuit court denied relief and the issue is on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony fleeing | Conner argues no witness identified him exiting the car. | State relies on identification and video as sufficient. | Sufficiency supports conviction |
| Habitual-offender status proof | State failed to prove prior terms of one year or more beyond reasonable doubt. | Pen-pack and Tennessee affidavit properly prove prior offenses. | Habitual-offender status properly proven; sentence affirmed |
| Jury instruction on larceny elements | Court should have instructed on larceny elements. | Indictment charged intent to commit larceny; elements need not be proved as separate offense. | No reversible error; larceny not an essential element of burglary |
| Denial of motion for new trial | Eyewitness testimony was the basis for conviction and requires more scrutiny. | Eyewitness identification is sufficient; weight of evidence standard favors verdict. | No abuse of discretion; verdict not against weight of the evidence |
Key Cases Cited
- Passons v. State, 124 So.2d 847 (Miss. 1960) (identification may be sufficient to sustain a conviction)
- Vince v. State, 844 So.2d 510 (Miss.Ct.App. 2003) (pen-pack evidence; habitual offender proof requirements)
- Frazier v. State, 907 So.2d 985 (Miss.Ct.App. 2005) (certified copies of pen packs; habitual status proof)
- Dixon v. State, 812 So.2d 225 (Miss.Ct.App. 2001) (pen-pack admissibility; prior crimes for sentencing)
- Jackson v. State, 483 So.2d 1353 (Miss. 1986) (habitual-offender sentencing standards)
- Kolberg v. State, 829 So.2d 29 (Miss. 2002) (failure to instruct on all essential elements; fundamental error)
- Hunter v. State, 684 So.2d 625 (Miss. 1996) (instructing on essential elements; fundamental error standard)
- Lyles v. State, 12 So.3d 532 (Miss.Ct.App. 2009) (plain-error standard for missing jury instruction)
- Edwards v. State, 469 So.2d 68 (Miss. 1985) (beyond-a-reasonable-doubt standard; appellate review)
- Newburn v. State, 205 So.2d 260 (Miss. 1967) (indictment elements and proof of intended crime)