126 So. 3d 946
Miss. Ct. App.2013Background
- Michael Dewayne Terry was indicted for burglary of a dwelling after Lenester Harris’s apartment at the Academy Apartments in Tunica was burglarized on March 15, 2010.
- Items taken from Harris’s apartment were recovered during a search of Pamela Bass’s home; Jamison and Bowman pled guilty; Dorsey’s case went to youth court.
- At trial, Harris identified recovered items as hers and testified Terry was familiar and romantically involved with her daughter.
- Co-defendants Dorsey and Bowman testified Terry removed a window screen and opened the window so Dorsey could enter and admit others; Bowman described the stolen items and said Terry suggested the theft.
- The defense moved for a directed verdict at the close of the State’s case and later for JNOV; both were denied. Terry was convicted and sentenced to five years with three suspended.
Issues
| Issue | Terry's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict Terry of burglary of a particular dwelling | Testimony did not establish which apartment was burglarized, so evidence insufficient to prove burglary of Harris’s residence | Jury could reasonably infer from recovered items, identifications, and witness testimony that the burglary was of Harris’s apartment and that Terry participated and intended theft | Conviction affirmed; evidence was sufficient for a rational jury to find guilt beyond a reasonable doubt |
Key Cases Cited
- Arbuckle v. State, 894 So.2d 619 (Miss. Ct. App. 2004) (standard for reviewing sufficiency; jury may draw reasonable inferences)
- Bullins v. State, 868 So.2d 1045 (Miss. Ct. App. 2004) (JNOV relates to legal sufficiency)
- Parker v. State, 962 So.2d 25 (Miss. 2007) (articulates "light most favorable to the prosecution" sufficiency test)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for review of sufficiency of the evidence)
- Hester v. State, 463 So.2d 1087 (Miss. 1985) (jurors may draw reasonable inferences based on common sense)