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Patrick v. State

April 21, 1998

PATRICK
v.
STATE



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

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

JEROME PATRICK, 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: 03/03/97

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I RAPE, CT II SIMPLE ASSAULT, CT III KIDNAPING; CT I SENTENCED TO 15 YEARS, CT II SENTENCED TO 6 MONTHS CONCURRENT WITH CT I, CT III SENTENCED TO 10 YEARS CONSECUTIVE WITH CT I

DISPOSITION AFFIRMED - 4/21/98

Jerome Patrick was convicted in the Humphreys County Circuit Court of kidnaping, simple assault, and rape. Patrick was sentenced to fifteen years in the custody of the Mississippi Department of Corrections for the rape, ten years for the kidnaping, and six months for the simple assault. The rape and kidnaping sentences were ordered to run consecutive to one another, while the assault sentence was made concurrent. Aggrieved by his conviction, Patrick appeals to this Court on the following grounds:

I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT DENIED MR. PATRICK THE OPPORTUNITY TO CROSS-EXAMINE THE ALLEGED VICTIM ABOUT PAST SEXUAL INCIDENTS AND BY NOT ALLOWING MR. PATRICK TO INTRODUCE EVIDENCE CONCERNING THE ALLEGED VICTIM'S PAST SEXUAL CONDUCT.

II. THE TRIAL JUDGE ERRED BY GIVING A MODIFIED ALLEN CHARGE TO THE JURY THAT WAS NOT APPROVED BY THE MISSISSIPPI SUPREME COURT. AND THE COURT'S FAILURE TO SUSTAIN A MOTION FOR A MISTRIAL BY THE ATTORNEYS FOR THE DEFENSE AND FAILURE TO SUSTAIN A MOTION FOR RECONSIDERATION OF SENTENCE.

III. THE VERDICT IS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND CONTRARY TO LAW, OR ALTERNATELY, THE VERDICT IS A DIRECT RESULT OF THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT AND ...


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