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Smith v. State

Court of Appeals of Mississippi

October 28, 2014

SAMMIE SMITH A/K/A SAMMIE D. SMITH, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 12/11/2012.

Page 123

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. CHARLES E. WEBSTER. TRIAL COURT DISPOSITION: CONVICTED OF BURGLARY OF A DWELLING AND SENTENCED TO TEN YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS, FOLLOWED BY FIVE YEARS OF POSTRELEASE SUPERVISION.

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

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

OPINION

Page 124

NATURE OF THE CASE: CRIMINAL - FELONY

FAIR, J.

¶1. On September 25, 2012, Sammie Smith was indicted for burglary of a dwelling. The indictment alleged he broke and entered a dwelling with intent to commit larceny. Smith was found guilty and sentenced to serve ten years in the custody of the Mississippi Department of Corrections, followed by five years of post-release supervision. Smith's motion for a new trial was denied.

¶2. The Office of State Public Defender filed a brief on behalf of Smith, arguing that: (1) the court erred in denying Smith's proposed jury instructions for a lesser nonincluded offense; and (2) the court erred in denying Smith's motion for a new trial. Smith subsequently filed a pro se brief, challenging the sufficiency of the indictment. Finding no error, we affirm.

FACTS

¶3. On the night of November 11, 2011, Jeremy Williams's home was burglarized. The burglar broke Williams's bedroom window and took several items, including his laptop computer. The day after the burglary, Williams went to the Shaw Police Department and filed a report, naming Smith as the burglar.

¶4. At trial, Williams, neighbor Dacorious Clark, and Officer Levi Ford testified for the prosecution. Williams testified that he saw Smith running away from his house on the night of the burglary, sometime around 12 a.m. Clark testified that on November 11, Smith showed up at his house after midnight with a computer tucked into his pants. According to Clark, Smith offered to sell him the computer. Clark declined the offer, but Smith asked him to hold onto the computer anyway, which he did. Clark knew the computer belonged to Williams after he opened the computer and saw the login information -- Clark returned the computer to Williams a week later.

¶5. Smith was the sole witness for the defense. He testified that he was at a football game the night of the burglary and later ran into his cousin, who had a computer with him. Smith stated that he bought the computer for a " quarter bag" of marijuana and then traded it to Clark for $60 ...


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