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Sisung v. State

January 26, 1999

TODD SISUNG A/K/A TODD M. SISUNG A/K/A APPELLANT TODD MICHAEL SISUNG
v.
STATE OF MISSISSIPPI APPELLEE



The opinion of the court was delivered by: Thomas, P.j.

DATE OF JUDGMENT: 11/13/1997

TRIAL JUDGE: HON. JAMES W. BACKSTROM

COURT FROM WHICH APPEALED: GREENE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 11/13/1997: GRAND LARCENY: SENTENCE TO SERVE A PERIOD OF 3 YEARS; DEFENDANT SHALL PAY A FINE OF $1,000 AND COURT COSTS

AFFIRMED

EN BANC

¶1. Todd Sisung appeals from the Circuit Court of Greene County, Mississippi his conviction of grand larceny. Sisung was sentenced to the custody of the Mississippi Department of Corrections for a term of three years and ordered to pay a fine of one thousand dollars and court costs. Feeling aggrieved, Sisung appeals on the following issues of error:

"I. THE TRIAL COURT ERRED IN FAILING TO GRANT A MISTRIAL WHEN A JUROR, LEONARD SUMRALL, FAILED TO ACKNOWLEDGE DURING VOIR DIRE THAT HE WAS ACQUAINTED WITH THE VICTIM, MIKE WADE, YET ADMITTED DURING MOTION FOR MISTRIAL THAT HE WAS IN FACT ACQUAINTED WITH THE VICTIM, AFTER HE WAS EMJUDGESED, AND AFTER HE WAS SEEN ENGAGING IN CONVERSATION WITH THE VICTIM DURING THE NOON RECESS."

"II. THE COURT ERRED IN FAILING TO GRANT A CONTINUANCE TO THE DEFENDANT WHEN ONE OF THE DEFENDANT'S WITNESSES, A MINOR, WAS THREATENED WITH PROSECUTION AND/OR PUNISHMENT BY THE MINOR'S MOTHER ON THE MORNING OF THE TRIAL."

"III. THE COURT ERRED IN FAILING TO GRANT A MISTRIAL WHEN DONNA BYRD, THE MOTHER OF THE DEFENSE WITNESS, A MINOR, LOUDLY INTIMIDATED THE MINOR WITNESS ON THE DAY OF THE TRIAL AT THE COURTHOUSE AND IN A RESTAURANT, ACCUSING THE MINOR OF PREPARING TO LIE DURING THE TRIAL."

"IV. THE VERDICT OF THE JURY, FINDING THE DEFENDANT GUILTY, WAS AGAINST THE OVERWHELMING WEIGHT OF THE CREDIBLE EVIDENCE AND CONTRARY TO THE LAW OF THE STATE OF MISSISSIPPI."

Finding no error, we ...


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