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Fulton v. State

Court of Appeals of Mississippi

July 30, 2013

DEXTER FULTON A/K/A DEXTER CALVIN FULTON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/01/2011. TRIAL JUDGE: HON. LEE J. HOWARD. TRIAL COURT DISPOSITION: CONVICTED OF RECEIVING STOLEN PROPERTY AND SENTENCED AS A HABITUAL OFFENDER TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

DEXTER FULTON, APPELLANT, Pro se.

FOR APPELLANT: CARRIE A. JOURDAN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE GRIFFIS, P.J., ROBERTS AND CARLTON, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

GRIFFIS, P.J.

¶1. Dexter Fulton was convicted of receiving stolen property. He was sentenced to serve ten years in the custody of the Mississippi Department of Corrections, as a habitual offender, without eligibility for parole or reduction in sentence. On appeal, Fulton argues that the trial court erred when it allowed an amendment to the indictment. We find no error and affirm.

FACTS

¶2. On October 17, 2008, C.J. Stockman closed and locked the office of Sobley Excavating Company in Columbus. Sobley had eleven trucks at its office. The next morning, a Sobley employee discovered that six or seven battery boxes from the trucks were missing. The battery cables had been cut, and the batteries were missing from some of the trucks. Stockman called the police.

Page 983

¶3. Two days later, Thomas Pearson of Columbus Scrap was notified to look for the battery boxes. Later that day, Fulton arrived at Columbus Scrap and wanted to sell some battery boxes. Nelda Umfress, the manager at Columbus Scrap, told Fulton that she would not buy the boxes. Fulton took the battery boxes and drove away. The surveillance cameras at Columbus Scrap recorded these events. The police were notified and given the videotape from Columbus Scrap.

¶4. Columbus Police Department Investigators Amanda Burrell and L.C. Cockrell watched the videotape. Burrell checked the license plate on the vehicle and identified it as Fulton's car. Investigators Burrell and Cockrell went to Fulton's apartment. When they arrived, they saw the battery boxes in Fulton's car. They arrested Fulton and took possession of the battery boxes.

¶5. At the police department, Stockman identified the battery boxes as belonging to Sobley. Eight battery ...


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