Before McMILLIN, P.j., Herring, And King, JJ.
The opinion of the court was delivered by: Herring, J., For The Court:
DATE OF JUDGMENT: MAY 23, 1997
TRIAL JUDGE: HONORABLE LAMAR PICKARD
COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: ALEXANDER C. MARTIN
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: 05/23/1997: CT I BURGLARY OF A DWELLING HOUSE: CT II BURGLARY OF AN AUTO: CT I SENTENCED TO 12 YRS IN THE MDOC; CT II SENTENCED TO 5 YRS IN MDOC CT II TO RUN CONCURRENTLY; CONCURRENT 12 YRS & 5 YRS SENTENCES ALSO RUN CONCURRENT WITH REVOCATION ORDER ON 4936
¶1. Ronnie Ward was convicted by a jury in the Circuit Court of Claiborne County, Mississippi, of burglary of a dwelling and burglary of an automobile. Ward challenges his conviction on the basis of the sufficiency and the weight of the evidence. We find that these assignments of error are without merit, and therefore, we affirm.
¶2. During the early morning hours of February 24, 1997, Grover Anderson was awakened by sounds that emanated from the upper level of his residence in Hermanville, Mississippi. Anderson, who was alone at the time, decided to investigate the cause for the disturbance. As he proceeded to the upper level of the residence, Anderson noticed that an exterior door had been "kicked in", and he observed an individual on the balcony. The upstairs room was in complete disarray. Anderson then heard a noise in the lower level of the residence. As he hurried down the stairs, Anderson discovered that his front door had also been "kicked in", and he found an individual standing in the living room of his residence. The unknown individual quickly fled from the residence, and Anderson pursued the suspect down the street. Anderson tackled the individual and held him down in front of his residence.
¶3. While Anderson held the individual, whom he recognized as a member of the Ward family, down in the street, he questioned the individual about his presence in the residence. Anderson informed the individual that he would not notify law enforcement authorities of the incident if he would return the stolen items. According to Anderson, the individual admitted that he had broken into Anderson's residence as well as his Geo Tracker automobile and had taken several items. The individual stated that he had a drug problem, and he informed Anderson that there was another bag of stolen items located down the street in a ditch. Shortly thereafter, Anderson released the individual and contacted the Claiborne County Sheriff's Department. Anderson recovered a bag that contained the items taken from his residence; however, he never located the items that were stolen from his automobile.
¶4. Deputy DeWayne Thomas responded to the call and completed an investigative report. Deputy Thomas noted that both the automobile and the residence had been burglarized; however, he did not check for fingerprints because Anderson had handled the property and the other items. Anderson subsequently identified the suspect as Ronnie Ward based on a scar he remembered on the suspect's forehead.
¶5. Ward was tried and convicted of burglary of a dwelling and burglary of an automobile in the Circuit Court of Claiborne County, Mississippi. The trial court Judge sentenced Ward to serve twelve years for burglary of a dwelling and five years for burglary of an automobile to run ...