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Staten v. State

June 30, 1998

STATEN
v.
STATE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Herring, J., For The Court:

J.T. STATEN, 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: 06/16/95

TRIAL JUDGE: HON. ROBERT H. WALKER

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

BY: SANDRA MCADAMS

DISTRICT ATTORNEY: CONO CARANNA

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: TOUCHING OF A CHILD FOR LUSTFUL PURPOSES: SENTENCED TO SERVE 7 YRS WITHOUT HOPE OF PAROLE IN THE CUSTODY OF THE MDOC

J.T. Staten was convicted in the Circuit Court of Harrison County of touching a child for lustful purposes in violation of section 97-5-23 of the Mississippi Code of 1972. He was sentenced to serve a term of seven years imprisonment without parole. Staten now argues that the trial court erred when it instructed the jury to disregard certain testimony and when it gave a " Sharplin charge" to the jury after the jury reported that it was hopelessly deadlocked. We affirm.

A. THE FACTS

On the evening of April 22, 1994, Tamika Wilson was baby-sitting four children at her apartment in Pass Christian, Mississippi. After putting the children to bed, she, Willie Smith, and J. T. Staten sat on her apartment's front porch for a period of time drinking alcoholic beverages. The record discloses that Wilson was confined to a wheelchair and that Staten was her next door neighbor's brother.

While it was still daylight, Staten announced that he was leaving and departed the premises on foot. Wilson and Smith remained on her front porch. A short while thereafter, Wilson went inside her apartment to use the bathroom and noticed that the rear door to her apartment was standing open. According to Wilson, it was dark outside and the time was approximately 8:00 p.m. After closing and locking the back door of her apartment, she turned and observed ...


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