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Dean v. State

Court of Appeals of Mississippi

September 16, 2014

HAROLD MAURICE DEAN A/K/A HAROLD M. DEAN A/K/A HAROLD DEAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/21/2013. TRIAL JUDGE: HON. JOHN C. GARGIULO.TRIAL COURT DISPOSITION: CONVICTED OF FRAUDULENT USE OF IDENTITY AND SENTENCED TO TWO YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER.

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

OPINION

Page 383

NATURE OF THE CASE: CRIMINAL - FELONY

LEE, C.J.

¶1. A jury in the Harrison County Circuit Court convicted Harold Maurice Dean of fraudulent use of identity. Dean was sentenced to serve two years in the custody of the Mississippi Department of Corrections, and ordered to attend the long-term drug and alcohol treatment program facility during his incarceration.

¶2. Dean's post-trial motions were denied. Dean now appeals, asserting (1) there was insufficient evidence to support his conviction, and (2) the verdict is contrary to the overwhelming weight of the evidence.

FACTS

¶3. On January 13, 2012, Dean was arrested in Gulfport, Mississippi, for public intoxication. Dean admittedly told the police his name was Jeffrey Jenkins. Jenkins is Dean's brother. After being held at the jail, Dean was released to an American Medical Response (AMR) ambulance for transportation to Gulfport Memorial Hospital (GMH) to treat a cut on his hand. Dean signed the AMR patient form on the " signature of patient" line using the last name Jenkins. However, the first name Dean wrote on the signature line was illegible.

¶4. Dean received treatment at GMH and was released. In February 2012, Jenkins learned tat his flexible spending account through his employer-provided medical insurance was empty. Jenkins discovered a $1,600 charge for an emergency-room visit on January 13, 2012, at GMH. Jenkins was advised to report this to the Gulfport Police Department. Jenkins also testified that Dean admitted to him that Dean had used Jenkins's name as his own.

¶5. After being arrested for the crime of fraudulent use of identity, Dean admitted to Detective Brandon Bang that he had used Jenkins's name to conceal his identity. Dean testified that he told the AMR ...


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