68 So. 3d 754
Miss. Ct. App.2011Background
- Harris was convicted of burglary as a habitual offender and sentenced to seven years in MDOC with no parole or probation.
- The burglary arose from an August 14, 2009 incident at the Kents’ Brookhaven home, where a toolbox was stolen and a shelf knocked over.
- Alan Kent testified the storage room door was kept shut and the light problems could hinder entry; Harris was identified from his license plate.
- Harris denied entering the storage room and claimed he did not steal anything; he testified he only stood by the truck and fled when confronted.
- The jury found Harris guilty; in a bifurcated proceeding the court found him to be a habitual offender and imposed the seven-year sentence.
- Harris appealed the denial of his motion for a judgment notwithstanding the verdict (JNOV), arguing insufficient evidence of the 'breaking' element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of breaking | Harris argues no evidence of door opening or breaking. | State argues any entry, even slight, constitutes breaking. | Sufficient evidence supports breaking; verdict affirmed. |
Key Cases Cited
- Hill v. State, 929 So.2d 338 (Miss. Ct. App. 2005) (structure generally closed; breaking requires entry)
- Templeton v. State, 725 So.2d 764 (Miss. 1998) (entry by turning a doorknob constitutes breaking)
- Alford v. State, 656 So.2d 1186 (Miss. 1995) (entry deemed forcible for burglary purposes)
- Wheeler v. State, 826 So.2d 731 (Miss. 2002) (unlocked or slight force still constitutes breaking)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency of evidence standard for appellate review)
- Gilbert v. State, 934 So.2d 330 (Miss. Ct. App. 2006) (standard for reviewing sufficiency of evidence)