287 So.3d 322
Miss. Ct. App.2019Background
- June 27, 2017: James Smith parked his pickup (doors closed but unlocked; windows down) at a Gulfport Subway; later observed Nicholas Fontenot inside the passenger side without permission.
- Smith confronted Fontenot; Smith and employee Tina Lewis (then Sears) observed the glove box open and the interior "in shambles."
- Fontenot fled, was later stopped in another pickup after being flagged down by its driver; Smith and Lewis identified him by a distinctive scar.
- Lewis testified her grandmother’s blue-stoned ring had been kept in the glove box and was missing after the incident; the ring was never recovered.
- Fontenot was indicted for automobile burglary, convicted by a jury, and sentenced to seven years; he appealed the denial of his JNOV/new-trial motion arguing insufficient evidence and that the verdict was against the overwhelming weight of the evidence.
Issues
| Issue | Plaintiff's Argument (Fontenot) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the evidence was legally sufficient to support burglary (breaking and intent) | No breaking because truck was unlocked/windows down (could be mere trespass); no proof of intent to steal—no stolen goods found on Fontenot. | Eyewitness ID, glove box and cab shown rummaged, missing ring, and photos of the truck; jury could infer a breaking and intent to steal. | Affirmed: Evidence sufficient; jury reasonably could find both breaking and intent. |
| Whether the verdict was against the overwhelming weight of the evidence (new trial) | Missing ring never recovered; no photos/video/fingerprints; another similar ring existed—weight favors acquittal. | Credible eyewitness testimony and physical condition of cab supported verdict; credibility/weight were for the jury. | Affirmed: Denial of new trial not an abuse of discretion; verdict not manifestly unjust. |
Key Cases Cited
- Naylor v. State, 248 So. 3d 793 (Miss. 2018) (defines "breaking" for automobile burglary and affirms jury's role in resolving competing entry theories)
- McClain v. State, 625 So. 2d 774 (Miss. 1993) (standard that reversal for insufficiency is warranted only when reasonable jurors could only find not guilty)
- Lindsey v. State, 212 So. 3d 44 (Miss. 2017) (new-trial relief for weight-of-evidence claims is reserved for exceptional cases where verdict would sanction unconscionable injustice)
- Parker v. State, 30 So. 3d 1222 (Miss. 2010) (JNOV challenges the legal sufficiency of the evidence supporting a guilty verdict)
- Hall v. State, 760 So. 2d 817 (Miss. Ct. App. 2000) (intent to burglarize distinguishes burglary from trespass)
- Harper v. State, 478 So. 2d 1017 (Miss. 1985) (trespass is a lesser-included offense of burglary)