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Jones v. State

Court of Appeals of Mississippi

October 22, 2013

CLARENCE JONES A/K/A CLARENCE TYRONE JONES A/K/A CLARENCE T. JONES, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/17/2011. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT CONVICTED OF COUNT I, CAPITAL MURDER, AND SENTENCED TO LIFE; COUNT II, PETIT LARCENY, AND SENTENCED TO SIX MONTHS; COUNT III, MOTOR-VEHICLE THEFT, AND SENTENCED TO TEN YEARS, WITH THE SENTENCES TO RUN CONCURRENTLY WITH EACH OTHER, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: HUNTER NOLAN AIKENS.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

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

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

Page 421

IRVING, P.J.

¶1. On November 17, 2011, a Rankin County jury convicted Clarence Jones of capital murder, petit larceny, and motor-vehicle theft. The circuit court sentenced him to life for the capital-murder conviction, six months' imprisonment for the petit-larceny conviction, and ten years' imprisonment for the motor-vehicle-theft conviction, with the sentences for the petit-larceny conviction and the motor-vehicle-theft conviction to run concurrently with the sentence for the capital-murder conviction, in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation. Jones filed a motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial, which the circuit court denied.

¶2. Feeling aggrieved, Jones appeals and argues that the circuit court erred in denying his motion to suppress the statements that he gave to law enforcement officials and in giving a jury instruction

Page 422

that allegedly required him to prove his innocence.

¶3. Finding no error, we affirm.

FACTS

¶4. On February 23, 2011, Rankin County law enforcement officials arrested Jones, Jerry Durr, and Trammel Warren for the murder of Stephen Johnson. Jones eventually gave three statements to police ...


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