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Hogan v. State

March 23, 1999

OTEY HOGAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Lee, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J.

DATE OF JUDGMENT: 09/01/1997

TRIAL JUDGE: HON. FRANK ALLISON RUSSELL

COURT FROM WHICH APPEALED: MONROE COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: JOHN RICHARD YOUNG

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SENTENCED TO THIRTY YEARS IN CUSTODY OF MDOC ON COUNT 1, ARMED ROBBERY; TWENTY YEARS ON COUNT 2, BURGLARY OF A DWELLING HOUSE, TO RUN CONSECUTIVE TO COUNT 1; AND FIFTEEN YEARS ON COUNT 4, AGGRAVATED ASSAULT, TO RUN CONSECUTIVE TO COUNTS 1 AND 2

DISPOSITION: AFFIRMED - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Otey Hogan appeals his convictions in the Monroe County Circuit Court on a single issue, that the trial Judge erred in admitting palm print evidence which had been revealed to the defense only five days before the trial. Mr. Hogan alleges that admitting this evidence was a discovery violation. We do not find such an error. We therefore affirm.

FACTS

ΒΆ2. On the evening of June 5, 1996, Charles and Opel West, an elderly couple living in Aberdeen, Mississippi, were in the living room of their house on Franklin Street. Mr. West was watching television and Mrs. West was doing needle point. Mr. West got up around 8:30 p.m. to get some water for himself and medication for the couple when he was confronted by two intruders in his kitchen. Mr. West was shot almost immediately by the taller of the pair. Both men then shoved him against a china cabinet and took his wallet. Hearing the shot, his wife rushed into the kitchen in a courageous attempt to assist her husband. Mrs. West was also shot but Mr. West was able to break free and head towards the bedroom to get his pistol. Before he could return, however, the two criminals had fled the house. Otey and Walter Hogan were arrested for the incident. The men were tried jointly and convicted on all four counts of the indictment. These were burglary of a ...


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