Wales v. State
2011 Miss. LEXIS 484
| Miss. | 2011Background
- Wales was tried in absentia on two armed robbery and two aggravated assault counts; sentences imposed concurrently and consecutively totaling 80 years with firearm enhancements.
- Wales failed to appear at trial; trial court found waiver of presence under Miss. Code Ann. § 99-17-9 based on voluntary absence and intent to avoid trial.
- Evidence showed two gunmen robbed Michael and Owens; Wales identified as a participant; bullets and shell casings linked to Wales’s weapon were recovered.
- Police recovered a Taurus .40 gun in Wales’s freezer; a hoodie matching the robbery description was found in Wales’s room.
- Michael identified Wales in a mugshot; shell casings and projectiles were recovered from the Jaguar and the Four Seasons area.
- Wales challenged the trial in absentia, the sufficiency/weight of evidence for Count I, and the denial of a jury instruction on the specific intent for armed robbery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial in absentia violated Wales’s rights | Wales argues absence violated Sixth Amendment, prejudiced defense. | Wales voluntarily absented himself; waiver valid under § 99-17-9 and Jefferson line. | No abuse of discretion; Wales waived presence. |
| Sufficiency/weight of evidence for Count I aggravated assault of Owens | Evidence showed deadly-weapon assault; intentional shooting at Owens proven. | Insufficient to show intent to injure Owens; shots targeted Michael. | Evidence sufficient; weight not against verdict. |
| Whether the jury instruction on specific intent for armed robbery was correct | D-l instruction states specific intent to permanently deprive; appropriate to garnish theory of intent. | Instruction not in statute; improper as to elements burden on State. | Instructions, taken as a whole, fairly informed the jury; no error. |
Key Cases Cited
- Illinois v. Allen, 397 U.S. 337 (U.S. Supreme Court 1970) (defendant may be tried in absentia under certain waivers)
- Sandoval v. State, 631 So.2d 159 (Miss. 1994) (limits waiver of presence; prior custody/consent context)
- Jefferson v. State, 807 So.2d 1222 (Miss. 2002) (carves exception for willful absence; trial in absentia possible)
- Jay v. State, 25 So.3d 257 (Miss. 2009) (amendment to § 99-17-9 overruled Sandoval for felony offenders)
- Croft v. State, 992 So.2d 1151 (Miss. 2008) (discusses felonious intent in armed robbery)
- Thomas v. State, 278 So.2d 469 (Miss. 1973) (necessity of explicit felonious intent instruction in robbery cases)
- Williams v. State, 590 So.2d 1374 (Miss. 1991) (upholds felonious intent instructions requiring intent to steal)
- Lannom v. State, 464 So.2d 492 (Miss. 1985) (defines felonious intent in context of robbery cases)
- Bostic v. State, 531 So.2d 1210 (Miss. 1988) (waiver of constitutional rights requires intentional relinquishment)