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HARVEY TYRONNE TANNER, a/k/a FREDDIE TANNER, a/k/a RICO BROWN v. STATE OF MISSISSIPPI

DECEMBER 20, 1989

HARVEY TYRONNE TANNER, a/k/a FREDDIE TANNER, a/k/a RICO BROWN
v.
STATE OF MISSISSIPPI



BEFORE DAN LEE, PITTMAN AND BLASS.

DAN LEE, PRESIDING JUSTICE, FOR THE COURT:

Harvey Tyrone Tanner was convicted in the Circuit Court of Coahoma County, Mississippi, on a charge of receiving stolen property pursuant to Miss. Code Ann. 97-17-69 (1972). Having adjudged Tanner to be an habitual offender in accordance with Miss. Code Ann. 99-19-81 (Supp. 1987), the court sentenced him to a term of five years in the custody of the Mississippi Department of Corrections, with such sentence to be served without reduction, suspension, parole or probation. Aggrieved by the judgment entered against him, Tanner (Appellant hereafter) has perfected an appeal to this Court, raising a single issue:

Whether the Trial Court erred in not granting a mistrial" when it was discovered that the State had not disclosed exculpatory evidence? "

 Finding the learned trial court did err, we reverse and remand.

 STATEMENT OF THE FACTS

 Steve Young, witness for the State, was the owner of Young's Auto Repair Shop in Clarksdale. When he opened his shop the morning of February 20, 1987, he noticed his air compressor" was gone. "He had not given anyone permission to remove it.

 According to Young's testimony, between 6:00 and 7:00 that evening, Appellant called on Young and asked him to" step outside. "Appellant then told Young," Well, I know where your compressor is. If you will give me fifty dollars I will get it back. . . . "When Young asked him where the compressor was,

 Appellant replied," [I]t is out in Lyon Subdivision. "Appellant also told Young he had" heard some young dudes "discussing the fact that they had stolen the compressor from Young. Mr. Young then testified as follows:

 And [Appellant] said," Well, if you give me twenty-five dollars I will get a guy with a truck to go pick it up because I have to give him ten dollars to pick it up. "So I said," No, I am not going to give you the money until I see my compressor. "So he went on and in about ten to fifteen minutes him and the guy [referring to States witness Bennie Jackson] was back with the compressor on a truck.

 At this point, Young seemed to stall appellant and his companion Bennie Jackson long enough to allow one of his employees, Lee Brantley, to call the police. Thereafter, as appellant and Bennie Jackson were preparing to unload the compressor, the police arrived. Young heard appellant tell the policeman that the compressor had been" up beside the railroad track or the garbage dump or something. "

 State's witness, Bennie Jackson, testified that during the afternoon of February 20, 1987, he was watching television in his house when appellant arrived and asked him

 to get my truck and carry and unload an air compressor to Steve Young on Fourth Street and he would pay me ten dollars to do that.

 Jackson claims appellant told him the compressor was" at my [Appellant's] house "and that it belonged to appellant's brother-in-law, Steve Young. Jackson agreed to help, and the pair rode in Jackson's truck" onto Coahoma Street in the alley "to appellant's house. The compressor" was covered up behind it by a six foot fence. "After some struggling, Jackson and Tanner" got it and loaded it up "and took it to Steve Young's shop.

 State's witness, Donald Province testified that he was a Clarksdale Police Officer and received a call to go to Young's repair shop on February 20. When he arrived there, he saw" a pick-up backed up to one of his [Young's] back doors and there was a compressor on it. "Standing beside the truck were appellant, and State's witnesses, Steve Young, Lee Brantley and Bennie Jackson. ...


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