113 So. 3d 614
Miss. Ct. App.2013Background
- Faust convicted of robbery in Amite County Circuit Court and sentenced as a habitual offender to 15 years in MDOC.
- June 22, 2011, Bridgett Smith reported a robbery of her mother’s 2004 GMC Sierra; Faust allegedly used a cane, threatened to kill, and Smith identified him.
- Deputy Vallely testified Faust was driving the GMC truck; the vehicle was stopped and Faust identified as the driver.
- Deputy Meaux found a cane on the front seat and identified Faust as the person removed from the truck.
- Faust testified he took the truck around the block, denied threats or pushing Smith, and claimed he returned the truck; trial evidence supported the State.
- Indictment charged robbery under Miss. Code Ann. § 97-3-73 and habitual offender under § 99-19-81; trial proceeded January 31, 2012, resulting in a guilty verdict and habitual-offender sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury Instruction S-3 constructive amendment? | S-3 broadens to ‘personal property’ not just the 2004 GMC truck. | Indictment and evidence aligned; no variance. | No constructive amendment; within trial court's discretion. |
| Verdict against overwhelming weight of the evidence? | Conflicting testimony; no intent to permanently deprive; weak State proof. | Jury credibility and intent questions; evidence supports guilt. | Weight of the evidence supports the verdict. |
Key Cases Cited
- Bell v. State, 725 So.2d 836 (Miss. 1998) (constructive amendment analysis when proof broadens the offense)
- Arrington v. State, 69 So.3d 29 (Miss. Ct. App. 2011) ( indictment notice to defense; defenses must align with charge)
- Johnson v. State, 101 So.3d 717 (Miss. Ct. App. 2012) (jury weighs evidence; credibility resolved by jury)
- Williams v. State, 590 So.2d 1374 (Miss. 1991) (criminal intent is for the trier of fact)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight-of-evidence standard; jury verdict affirmed unless unjust)
- Simpson v. State, 993 So.2d 400 (Miss. Ct. App. 2008) (abuse-of-discretion standard for new-trial motions)
- Bolton v. State, 87 So.3d 1129 (Miss. Ct. App. 2012) (jury instructions within trial court discretion)