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Houston v. State

Court of Appeals of Mississippi

September 2, 2014

CARL ANTHONY HOUSTON, JR. A/K/A CARL ANTHONY HOUSTON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: LEAKE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/15/2013. TRIAL JUDGE: HON. VERNON R. COTTEN. TRIAL COURT DISPOSITION: CONVICTED OF BUSINESS BURGLARY AND SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A FINE OF $1,500.

FOR APPELLANT: EDMUND J. PHILLIPS JR., JAMES E. SMITH JR.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BARBARA WAKELAND BYRD.

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

OPINION

Page 543

NATURE OF THE CASE: CRIMINAL - FELONY

GRIFFIS, P.J.:

[¶1] Carl Anthony Houston was convicted of business burglary under Mississippi Code Annotated section 97-17-33(1)

Page 544

(Rev. 2006). On appeal, Houston argues that the circuit court erred when it admitted his confession into evidence and denied his motion for a subpoena duces tecum made during the suppression hearing. We find no error and affirm.

[¶2] On December 9, 2011, sometime after midnight, Deputy Shane Lang, of the Leake County Sheriff's Department, responded to a call about a break-in at the Prescription Shop in Carthage, Mississippi. The next day, the store's pharmacist confirmed that $800 worth of prescription drugs had been stolen.

[¶3] While en route to the call, Deputy Lang noticed an individual wearing dark clothes and a mask, carrying a white bag, and hiding between the Carthage Inn Hotel and Rock South Mini-Storage. The individual was Houston. When Houston saw Deputy Lang's patrol car, he started to run. Deputy Lang pursued him in his patrol car. Then, he parked his car and pursued Houston on foot. Houston ran with the bag until he jumped a ditch and dropped the bag. The contents of the bag fell out. Deputy Lang eventually took Houston to the ground using his taser and hit him in the back of the head with a flashlight to subdue him. Houston removed the mask. After a brief struggle on the ground with Deputy Lang, an officer with the Carthage Police Department arrived on the scene and placed Houston in handcuffs. Investigator Kevin Cross recovered the bag that Houston had been carrying as well as its contents. The bag contained the items that the store's pharmacist determined had been stolen.

[¶4] Investigator Cross attempted to question Houston following his arrest. Houston was advised of his Miranda rights, but Houston did not talk. However, Houston agreed that he understood his rights when they were given. Once Houston said that he did not want to talk, Investigator Cross did not continue and left.

[¶5] Later, after Houston asked to speak to Investigator Cross, the officers attempted to question Houston a second time. Investigator Cross and Chance Henderson, a Carthage Police Department narcotics investigator, interviewed Houston. Houston acknowledged that he understood his rights, but he refused to sign the Miranda waiver. Investigator Cross then gave ...


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