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Washington v. State

December 18, 1998

MICHAEL WASHINGTON, A/K/A MICHAEL APPELLANT JEFFERY WASHINGTON
v.
STATE OF MISSISSIPPI APPELLEE



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

The opinion of the court was delivered by: Bridges, C.j.

DATE OF JUDGMENT: 06/20/96

TRIAL JUDGE: HON. LAMAR PICKARD

COURT FROM WHICH APPEALED: JEFFERSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: RECEIVING STOLEN PROPERTY AND CONSPIRACY TO RECEIVING STOLEN PROPERTY: SENTENCED TO SERVE FIVE (5) YEARS ON EACH COUNT TO RUN CONSECUTIVELY AND SAID SENTENCE TO RUN CONCURRENTLY WITH SENTENCE IMPOSED IN CAUSE NUMBER 2945 IN THE MDOC

DISPOSITION: AFFIRMED - 12/18/98

¶1. Michael Jeffery Washington was found guilty of receiving stolen property and conspiracy to receive stolen property in the Circuit Court of Jefferson County and was sentenced to five years on each count to run consecutively and said sentence to run concurrently with the sentence imposed in cause number 2945 in the custody of the Mississippi Department of Corrections. Washington appeals his conviction assigning five errors:

I. THE EVIDENCE ADDUCED AT TRIAL WAS INSUFFICIENT TO SUPPORT A JURY VERDICT OF GUILTY.

II. THE INDICTMENT WAS WHOLLY INSUFFICIENT AND SHOULD BE QUASHED.

III. THE LOWER COURT COMMITTED ERROR IN ADMITTING EXHIBITS S-33 THROUGH S-37.

IV. WASHINGTON WAS SUBJECTED TO DOUBLE JEOPARDY ON THE CHARGES IN COUNT ONE AND COUNT TWELVE OF THE INDICTMENT.

V. THE LOWER COURT ERRED IN DENYING WASHINGTON'S MOTIONS FOR DIRECTED VERDICT AND FOR PEREMPTORY INSTRUCTION.

¶2. Finding the issues raised by Washington to be procedurally barred, moot or meritless, we affirm the jury's verdict.

FACTS

¶3. On September 8, 1995, a search warrant was executed at the Washington property on Cannonsburg Road in Jefferson County. Six vehicles with altered vehicle identification numbers were seized. Among the vehicles recovered was an automobile with a public vehicle identification number displayed on the automobile identifying the car as a 1985 Buick Regal registered to Michael Jeffery Washington of Brooklyn Park, Minnesota. However, the confidential vehicle identification number lifted from the vehicle's transmission and engine described the automobile as a 1987 Buick Grand National registered to Charles Lenzen of Edina, Minnesota, and valued at approximately $9,000.

¶4. A twelve-count indictment was handed down by the grand jury charging Timothy James Washington, Michael Jeffery Washington, Undre Washington, Morris Lee Washington, and Prince Earl White, Jr. with altering motor vehicle identification numbers, receiving stolen property, and conspiracy to receive stolen property.

¶5. Michael Washington was tried before a jury with co-defendant, Timothy Washington. After the State rested, Michael Washington moved for a directed verdict on all charges. The motion was denied by the trial Judge.

¶6. In his defense, Michael Washington introduced into evidence an application for title for a 1985 Buick, public VIN 1G4GGM47A9FP231547, dated April 28, 1995, showing the applicant to be Michael Washington and South Metro Auto Brokers as the seller of the vehicle, and an odometer reading from the same vehicle showing Washington as the purchaser. Thereafter, Washington moved for a peremptory instruction which the trial Judge denied.

ΒΆ7. The jury returned a verdict convicting Michael Washington of receiving stolen property and conspiracy to receive stolen property, and acquitted him of the charge of altering a vehicle identification number. The lower court denied Washington's motion for a new trial. Washington was sentenced to serve five years on each count to run consecutively and said sentence to run concurrently with the sentence imposed in cause number ...


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