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Miller v. State

April 21, 1998

MILLER V. STATE


Before McMILLIN, P.j., Herring, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J.

FRANK MILLER A/K/A FRANK LOUIS MILLER, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 8/29/95

TRIAL JUDGE: HON. WILLIAM JONES

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BURGLARY CONVICTION (HABITUAL OFFENDER): SENTENCED TO SERVE A TERM OF 7 YEARS IN THE MDOC WITHOUT PAROLE

DISPOSITION REVERSED AND REMANDED - 4/21/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Frank Louis Miller was convicted in the Jackson County Circuit Court of burglarizing a business in violation of Mississippi Code Annotated § 97-17-33 (Rev. 1994). Due to his habitual offender status as defined by § 99-19-81 of the code, Miller was sentenced to serve a term of seven years in the custody of the Mississippi Department of Corrections with no possibility of parole. Aggrieved by his conviction, Miller appeals to this court on the following grounds:

I. THE STATE'S JURY INSTRUCTION P-1 WAS DEFECTIVE IN THAT IT FAILED TO INSTRUCT THE JURY AS TO THE ESSENTIAL ELEMENTS OF THE CRIME OF BURGLARY AND THE COURT'S SUBMISSION OF SAID INSTRUCTION TO THE JURY CONSTITUTED PLAIN ERROR AND VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL AS GUARANTEED BY THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATED CONSTITUTION AND ARTICLE 3, SECTION 14 OF THE MISSISSIPPI CONSTITUTION.

II. THE TRIAL COURT ERRED IN OVERRULING DEFENDANT'S OBJECTION TO HEARSAY REGARDING OWNERSHIP OF TH E ...


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