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Bolton v. State

February 09, 1999

JOHN C. BOLTON A/K/A JOHN C. BOLTON, APPELLANT JR.
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Payne, And Southwick, JJ.

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

DATE OF JUDGMENT: 11/20/1997

TRIAL JUDGE: HON. BILLY JOE LANDRUM

COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 11/20/1997: FELONY SHOPLIFTING: SENTENCED TO SERVE A TERM OF 5 YRS IN THE CUSTODY OF MDOC; 11/20/1997: FELONY SHOPLIFTING: SENTENCED TO SERVE A TERM OF 5 YEARS

DISPOSITION: AFFIRMED - 2/9/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. John C. Bolton, a/k/a John C. Bolton, Jr., was indicted, tried, and convicted of the crime of felony shoplifting in the Jones County Circuit Court. He was sentenced to serve a term of five years in the custody of the Mississippi Department of Corrections. Aggrieved, Bolton argues that he was denied effective assistance of counsel citing the following ten trial deficiencies: 1) trial counsel failed to conduct an adequate voir dire, 2) trial counsel failed to give an opening statement, 3) trial counsel failed to cross-examine the State's first witness, Officer Brian Boutwell, 4) trial counsel failed to challenge the store manager's in-court identification of the appellant, 5) trial counsel failed to object to hearsay testimony given by the arresting officer, 6) trial counsel failed to cross-examine the arresting officer, 7) trial counsel failed to challenge the admissibility of the appellant's confession, 8) trial counsel failed to object to the State's jury instruction S-1, 9) trial counsel gave a prejudicial closing argument, and 10) trial counsel failed to request a presentence investigation after the appellant's conviction or to offer any mitigating testimony prior to sentencing. Finding no merit to the issues raised, we affirm.

FACTS

ΒΆ2. On January 10, 1997, Bolton was seen leaving McRaes Department Store in Laurel, Mississippi, with clothes he had not purchased valued at approximately $741. Bolton exited the store, placed the clothes in his car, and proceeded to leave the parking lot. A McRaes manager, Larry Bass, chased Bolton outside the store and attempted to stop him, but was unsuccessful. ...


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