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Sistrunk v. State

April 21, 1998

SISTRUNK V. STATE


Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j.

JOEL SISTRUNK, 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: 04/08/96

TRIAL JUDGE: HON. MIKE SMITH

COURT FROM WHICH APPEALED: WALTHALL COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: RECEIVING STOLEN PROPERTY AS A HABITUAL OFFENDER: SENTENCED TO 5 YRS IN THE CUSTODY OF THE MDOC, WITHOUT ANY REDUCTION, SUSPENSION, PAROLE ON PROBATION OR EARLY RELEASE, PAY A $1,000 FINE, COURT COST, AND ATTORNEY FEES

DISPOSITION REVERSED AND REMANDED - 4/21/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Joel Sistrunk appeals his conviction of receiving stolen property raising the following issues as error:

I. THE COURT ERRED IN ALLOWING THE DISTRICT ATTORNEY TO QUESTION SHIRLEY SMITH CONCERNING PAST CONVICTIONS OF THE DEFENDANT FOR THE CRIMES OF BURGLARY AND RECEIVING STOLEN PROPERTY; AND IN THEN DENYING THE DEFENSE'S MOTION FOR MISTRIAL.

II. THE COURT ERRED IN ALLOWING THE STATE TO INTRODUCE A WEED EATER INTO EVIDENCE WITHOUT PROPER IDENTIFICATION AND WITHOUT A WITNESS ON THE WITNESS STAND WHO COULD MAKE SAID PHYSICAL EVIDENCE RELEVANT TO THE CASE.

III. THE COURT ERRED IN ALLOWING THE DISTRICT ATTORNEY TO INTRODUCE INTO EVIDENCE IRRELEVANT EVIDENCE THAT WAS ALSO IMPROPER TO BE INTRODUCED ON REDIRECT CONCERNING A PAST DISAGREEMENT BETWEEN THE ...


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