94 So. 3d 316
Miss. Ct. App.2011Background
- Johnson was convicted of burglary in Harrison County Circuit Court and sentenced to seven years with six years suspended and one to serve.
- At scene, Johnson was observed attempting to enter Anderson’s locked truck and then entered it; he hid in bushes and falsely claimed someone else was present.
- Officer Ladner observed Johnson leaving the truck and Johnson lied about his identification and purpose.
- Anderson testified the truck was unlocked with the boat key in the glove box and he did not give Johnson permission to be there.
- Mays testified Johnson was acting abnormally, had back pain, and Mays concealed Johnson’s truck keys to prevent him from driving.
- Johnson challenged sufficiency of the evidence, the weight of the evidence, and possible juror misconduct; the circuit court denied his post-trial motions and the jury verdict stands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove burglary | State argues all elements—entry into a vehicle, items kept for use, and intent to steal—are supported | Johnson contends the State failed to prove items in truck and intent to steal | Sufficient evidence |
| Weight of the evidence to support the verdict | Johnson’s evidence is thin and relies on inferences; conviction against weight of evidence | State asserts reasonable inferences from breaking and entering support guilt | Not against the overwhelming weight; issue procedurally barred but merits denial on the merits |
| Jury deliberation conduct and extraneous information (Rule 606(b)) | Johnson claims juror misconduct and outside influence affected deliberations | State contends no extraneous prejudicial information was brought to jurors’ attention | No error; no extraneous information or improper influence shown |
Key Cases Cited
- Riley v. State, 11 So.3d 751 (Miss. Ct. App. 2008) (infers intent to steal from breaking and entering; appellate standard of review for sufficiency)
- Brown v. State, 799 So.2d 870 (Miss. 2001) (innocent purposes at night unlikely; inference of intent from breaking and entering)
- Harper v. State, 478 So.2d 1017 (Miss. 1985) (state of intoxication does not negate criminal intent in burglary)
- Broomfield v. State, 878 So.2d 207 (Miss. Ct. App. 2004) (intent to steal may be inferred from breaking and entering)
- Jackson v. Virginia, 443 U.S. 307 (1980) (standard for sufficiency: rational trier of fact could convict beyond reasonable doubt)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency review and directed verdict context)
- Carr v. State, 208 So.2d 886 (Miss. 1968) (broad rule on elements and sufficiency)