Ladd v. State
87 So. 3d 1108
Miss. Ct. App.2012Background
- Ladd was convicted in DeSoto County Circuit Court of conspiracy to commit grand larceny, grand larceny, burglary of a dwelling, and receiving stolen property, with habitual-offender enhance and concurrent MDOC sentences.
- Brown testified she saw two men in her garage loading lawn equipment into a silver truck and later identified Ladd as a passenger in the vehicle.
- Brown later observed the same white driver and Ladd in the stolen Silverado during a Memphis pursuit and robbery context, tying them to the crime spree.
- The stolen items included a lawn mower, weed eater, and edger totaling $850, and the truck was later recovered with substantial damage.
- Evidence at trial included Brown’s identification, vehicle linkage to the theft, and circumstantial connections between Ladd and the stolen truck.
- On appeal, Ladd challenged sufficiency of the four verdicts; the court affirmed some counts, reversed others, and remanded for different sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conspiracy to commit grand larceny sufficiency | Ladd contends no agreement to commit grand larceny with Stuart. | Ladd argues no union of minds evidenced by Brown’s garage theft sighting. | Conspiracy affirmed; evidence supports common plan. |
| Burglary of a dwelling—breaking element | State proved breaking by entry through open door. | Ladd asserts no breaking; entry was through an open garage door. | Burglary reversed; trespass substituted. |
| Grand larceny value element | Brown testified to purchase price values totaling over $500. | Value not proven beyond a reasonable doubt. | Grand larceny affirmed; value inferred sufficiently. |
| Receiving stolen property sufficiency | Ladd possessed or received stolen vehicle with knowledge or reasonable grounds. | Insufficient evidence Ladd knew the truck was stolen. | Receiving stolen property reversed and rendered; insufficiency found. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency in evidence review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard from Jackson to review)
- Chaney v. State, 802 So.2d 113 (Miss. Ct. App. 2001) (entry through open door as breaking element (later overruled) )
- Hill v. State, 929 So.2d 338 (Miss. Ct. App. 2005) (structure must be generally closed to constitute breaking)
- Gunn v. State, 56 So.3d 568 (Miss. 2011) (purchase price admissible to infer value of stolen goods)
- Whatley v. State, 490 So.2d 1220 (Miss. 1986) (evidence effects on knowledge in receiving stolen property)