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Bunch v. State

Court of Appeals of Mississippi

September 17, 2013

Brandon BUNCH a/k/a Brandon Coleman Bunch a/k/a Brandon C. Bunch, Appellant
v.
STATE of Mississippi, Appellee.

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Vanessa J. Jones, Hattiesburg, attorney for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before GRIFFIS, P.J., ROBERTS and CARLTON, JJ.

CARLTON, J.

¶ 1. Brandon Bunch appeals the judgment of the Wayne County Circuit Court that convicted him of five counts of automobile burglary and sentenced him as a habitual offender to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC).

¶ 2. On appeal, Bunch raises the following issues:

(1) he was denied due process during voir dire by the trial court only allotting him ten minutes for jury selection and was prejudiced by not being allowed the twelve peremptory challenges as required by Mississippi Rule of Circuit and County Court 10.01;
(2) he was denied his fundamental right to a fair trial and was prejudiced by the court in allowing jury members [who] were friends of the victims [to remain on the panel];
(3) he was denied due process and his fundamental right to a fair trial and was prejudiced by the trial court allowing the State to appoint an " expert witness" to operate and control the computer used to display the surveillance videos;
(4) the trial court erred in allowing the State to select certain portions of the surveillance videos for viewing by the jury to the exclusion of all other portions of the videos[,] violating Mississippi Rule of Evidence 106;
(5) the trial court erred in allowing ... inadmissible hearsay evidence and violated his Sixth Amendment rights by allowing evidence to be admitted that

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[could not] be cross[-]examined[,] which violates the Confrontation Clause; he was also denied his fundamental right to a fair trial due to prosecutorial misconduct and by the court allowing witnesses to testify [about] videos that had not been entered into evidence;
(6) the trial court erred in allowing witnesses to testify who did not have personal knowledge[,] in violation of Mississippi Rule of Evidence 602;
(7) the State failed to prove all of the elements of the crime of automobile burglary in its five[-]count indictment; therefore, the trial court erred in denying the motion for [a] judgment notwithstanding the verdict (JNOV), or in the alternative, ... a new trial; consequently, the verdicts of guilty were against the overwhelming weight of the evidence;
(8) the trial court erred in sentencing him as a habitual offender under Mississippi Code Annotated section 99-19-83 [ (Rev.2007) ] because he had not served separate terms of one year or more in any state or federal penal institut[ion] as required by statute;
(9) his sentences constitute cruel and unusual [punishment] in violation of the Eighth Amendment of the United States Constitution;
(10) his life sentence is disproportionate in light of his crimes; and
(11) the trial court erred by the delay between the modification of probation, arrest, and the date of his final revocation hearing.

¶ 3. After reviewing the record, we find no error and affirm.

PROCEDURAL HISTORY

¶ 4. A grand jury before the Wayne County Circuit Court indicted Bunch on five counts of automobile burglary under Mississippi Code Annotated section 97-17-33 (Rev.2006) [1] as follows:

(1) on October 31, 2010, Bunch burglarized Tina Foster's vehicle;
(2) between October 30, 2010, and November 1, 2010, Bunch burglarized Jonathan Tullos's vehicle;
(3) on November 3, 2010, Bunch burglarized Katie Odom's vehicle;
(4) between November 3, 2010, and November 4, 2010, Bunch burglarized Mike and ...

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