344 So.3d 849
Miss.2022Background
- Ladarrius Garrett was tried after a woman (C.L.) awoke in her hotel room to a naked man touching her and masturbating; she identified Garrett as the intruder.
- C.L. testified she was asleep with the door closed; the man entered, touched her genital area, told her to perform oral sex, and left after grabbing a pizza box; Dominique Ingram (roommate) re-entered during the incident.
- Hotel surveillance placed Garrett on the same floor that night; video showed him wandering the corridor with a pizza box and entering C.L.’s room twice (first briefly, then a second time exiting shirtless after ~3 minutes).
- Garrett was indicted for attempted sexual battery and burglary (entering a hotel room with intent to commit sexual battery).
- A jury convicted Garrett of burglary but acquitted him of attempted sexual battery; Garrett appealed, challenging sufficiency and weight of the evidence.
Issues
| Issue | Garrett's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency — breaking/entering | No proof door was closed or forced; video didn’t show door and showed quick entry, suggesting no breaking | Circumstantial evidence (C.L.’s testimony and video showing Garrett push/pull motions) supports breaking | Court: Evidence sufficient to infer Garrett pushed open door; breaking proven |
| Sufficiency — intent to commit sexual battery | Could have mistaken room/person; confused searching for his room, so lacking criminal intent | Second entry and assaultive conduct (touching, verbal lewdness, fumble at pants) support intent to commit sexual battery | Court: Jury reasonably inferred intent from conduct on second entry |
| Weight of the evidence | Jury verdict contrary to overwhelming evidence; more plausible he was mistaken or consensual encounter staged | Video and timing show post-exit return and conduct inconsistent with mistake or consensual fabrication; credibility for jury | Court: Verdict not against overwhelming weight; no unconscionable injustice |
Key Cases Cited
- Body v. State, 318 So. 3d 1104 (establishes standard for sufficiency review in criminal cases)
- Parish v. State, 176 So. 3d 781 (applied in sufficiency review)
- Willis v. State, 911 So. 2d 947 (standard for reviewing weight-of-evidence claims)
- Stewart v. State, 909 So. 2d 52 (discusses when appellate court may disturb jury verdict on weight grounds)
- Gross v. State, 2 So. 2d 818 (defines "breaking" for burglary—any slight force to enter)
- Miller v. State, 983 So. 2d 1051 (credibility determinations are for the jury)