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Parker v. State

December 08, 1998

ROBERT L. PARKER A/K/A ROBERT WILLIAMS PARKER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Hinkebein, And King, JJ.

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

DATE OF JUDGMENT: May 30, 1997

TRIAL JUDGE: HON. ROBERT LOUIS GOZA JR.

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED FOR BURGLARY, SENTENCED TO SIX YEARS IMPRISONMENT WITH FOUR YEARS SUSPENDED WITH DIRECTIONS

DISPOSITION: AFFIRMED

¶1. Robert Parker (Parker) was convicted in the Circuit Court of Madison County of automobile burglary pursuant to Miss. Code Ann. § 97-17-33 (Rev. 1994) on May 13, 1997. On May 30, 1997, Parker was sentenced to serve six years in the custody of the Mississippi Department of Corrections with four years of the sentence suspended and five years probation. Aggrieved by his conviction, he appeals to this Court on the following grounds:

"I. THAT THE TRIAL COURT ERRED WHEN IT ALLOWED THE OFFICER TO TESTIFY ABOUT WHAT THE DISPATCHER WAS TELLING HIM ABOUT WHAT THE WITNESSES WERE TELLING THE DISPATCHER OVER THE OBJECTION OF THE APPELLANT.

"II. THAT THE TRIAL COURT ERRED WHEN IT DENIED THE DEFENDANT'S REQUESTED JURY INSTRUCTION D-8.

"III. THAT THE TRIAL COURT ERRED WHEN IT FAILED TO REPRIMAND THE STATE IN THE PRESENCE OF THE JURY ABOUT THE RESOLUTION OF PARKER'S CO-DEFENDANT'S CASE OR IN THE ALTERNATIVE ON ITS OWN MOTION, ORDER A MISTRIAL.

"IV. THAT THE TRIAL COURT ERRED WHEN IT DENIED THE DEFENDANT'S REQUESTED JURY INSTRUCTION D-1."

ΒΆ2. Holding these assignments of error to be without merit, we affirm the ...


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