Before McMILLIN, P.j., Coleman, Herring, And Payne, JJ.
The opinion of the court was delivered by: Herring, J.
DATE OF JUDGMENT: MAY 23, 1997
TRIAL JUDGE: HONORABLE THOMAS J. GARDNER III
COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT I GRAND LARCENY: CT II FALSE PRETENSE: CT I SENTENCED TO 5 YRS IN THE MDOC; RUN CONSECUTIVE WITH CT II, ORDERED TO PAY $1,000 FINE ON THIS CT; CT II SENTENCED TO 3 YRS IN THE MDOC; RUN CONSECUTIVE WITH CT I, PAY $1,312.74 FINE
DISPOSITION: AFFIRMED - 12/18/98
¶1. Steven Wayne Anderson appeals to this Court from his conviction in the Circuit Court of Lee County, Mississippi, of grand larceny and false pretense. Anderson challenges his conviction on the grounds that the trial court erred in denying a request for (1) a mistrial and (2) for a directed verdict on the false pretense charge. We find that these assignments of error are without merit, and therefore, we affirm.
¶2. On July 13, 1996, a plumbing contractor for an apartment complex under construction in Verona, Mississippi, observed an individual leaving the construction site with several windows that were located on the site and waiting for installation. The contractor notified Billy Oliver, the construction supervisor, that he saw a pick-up truck leave the site with some windows in the back of the vehicle. Oliver contacted the local police department and then departed for the construction site.
¶3. Upon arriving at the construction site, Oliver discovered that sixteen of the thirty-two windows, which had recently been delivered but not yet installed, were missing. Shortly thereafter, Oliver obtained a description of the pick-up truck from the plumbing contractor and left to search for the vehicle. Oliver's search for the vehicle was futile, and later that day, Oliver returned to the construction site only to discover that the remaining sixteen windows had also been stolen.
¶4. During the course of the investigation, police officers learned that Oliver had recently purchased the windows for the apartment complex from Marvin's Building Materials and Home Center in Verona for a purchase price of approximately $2,500. The officers instructed the employees at Marvin's to inform them if anyone attempted to return the windows. After further inquiry, the officers discovered that several windows had been sold to various individuals and that five windows had been returned to Marvin's on July 13 by the defendant's wife, Shere Anderson, in exchange for $437.58. The officers also recovered eight windows during the execution of a search warrant at a residence in Tupelo, Mississippi.
¶5. Steven Anderson subsequently gave a written statement to law enforcement officials in which he admitted his involvement in the theft of the windows from the apartment complex. Anderson also acknowledged that he assisted in the return of the five windows to Marvin's. Following a trial in the Circuit Court of Lee County, a jury found Anderson guilty of one count of grand larceny and one count of false pretense. Anderson was sentenced to serve a term of five years for grand larceny and three years for false ...