Kenneth R. Goldsmith v. State of Mississippi
195 So. 3d 207
| Miss. Ct. App. | 2016Background
- On Oct. 19, 2012 a Giant TCR bicycle (retail ~$6,000–$7,000; owner paid $3,200) was taken from Barton Lampton’s pickup at Ergon Trucking; surveillance placed a Chevrolet Trailblazer in the lot at 8:40 a.m.
- David Purvis reported suspicious activity and the Trailblazer’s plate earlier; the Trailblazer belonged to appellant Goldsmith’s fiancée and others had access to it.
- Goldsmith pawned the bicycle at a Jackson pawnshop the same morning; pawn ticket completed at 9:20 a.m.; pawn employee identified Goldsmith and testified as to timing and value; Goldsmith received $100.
- Goldsmith testified he obtained the bicycle from a friend (paid $45) after picking him up, gave varying accounts of stops and timing, and denied being in Ergon’s lot.
- At trial the State introduced pen packs showing prior felony convictions and terms of confinement; Goldsmith was convicted of grand larceny and sentenced as a violent habitual offender to life without parole.
- On appeal Goldsmith raised insufficiency of evidence, indictment/amendment and habitual-offender proof, disproportionality of sentence, ineffective assistance (trial and appellate), and cumulative error; the Court affirmed.
Issues
| Issue | Goldsmith's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (identity/commission) | Evidence was circumstantial and insufficient to prove he stole the bike or was the driver | Circumstantial evidence (possession of recently stolen property, surveillance times, pawn transaction) was sufficient; jury could reject Goldsmith’s implausible explanations | Affirmed – evidence sufficient; directed-verdict/JNOV bar for not renewing motion; merits fail if considered |
| Value element for grand larceny | Value not proven to meet $500 threshold | Owner and pawn employee testimony established retail/purchase/listing values supporting $500+ value | Affirmed – testimony provided sufficient circumstantial proof of value |
| Habitual-offender amendment & proof | Amendment not attached to indictment; prior convictions not shown to be separate incidents | Amendment was timely, noticed, and in record; pen packs and witnesses proved prior convictions, served terms, and one was a crime of violence | Affirmed – amendment allowed and habitual-offender proof sufficient |
| Ineffective assistance (trial/appellate) | Counsel used drugs/alcohol, failed to object to jury instruction/response and sentencing; appellate counsel failed to raise trial counsel ineffectiveness and failed to request full record | Record shows no trial objectionable sentencing errors; jury response was proper; insufficient record to address drug/alcohol claim on direct appeal; appellate-ineffective claim premature | Mixed: drug/alcohol claim dismissed without prejudice for PCR; other IAC claims denied (no prejudice or merit); appellate IAC premature |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency review)
- Presley v. State, 994 So. 2d 191 (Miss. 2008) (circumstantial-evidence test and reasonable explanation rule)
- Seales v. State, 90 So. 3d 37 (Miss. 2012) (possession of recently stolen property as inference of guilt)
- Smith v. State, 881 So. 2d 908 (Miss. Ct. App. 2004) (circumstantial proof of value supports larceny conviction)
- Wall v. State, 718 So. 2d 1107 (Miss. 1998) (appellate deference to sentences within statutory limits)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test)