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Terrell v. State

Supreme Court of Mississippi

March 26, 2015

ROBERT PATRICK TERRELL a.k.a. ROBERT P. TERRELL a.k.a. PATRICK TERRELL
v.
STATE OF MISSISSIPPI

COURT FROM WHICH APPEALED: JEFFERSON DAVIS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/04/2014. TRIAL JUDGE: HON. ANTHONY ALAN MOZINGO.

APPEAL DISMISSED WITHOUT PREJUDICE.

FOR APPELLANT: J. M. RITCHEY.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.

BEFORE WALLER, C.J., KITCHENS AND COLEMAN, JJ. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE AND KING, JJ., CONCUR.

OPINION

Page 214

NATURE OF THE CASE: CRIMINAL - FELONY

COLEMAN, JUSTICE

¶1. Robert Terrell was indicted on twenty counts of mail fraud, conspiracy to commit mail fraud, fraudulent use of identity, conspiracy to commit fraudulent use of identity, timber theft, conspiracy to commit timber theft, false pretense, and conspiracy to commit false pretense. Terrell filed six motions to quash, consolidate, or dismiss various counts. The trial court denied the motions. Terrell appeals, claiming double jeopardy and that the trial court erred by not staying his trial. The State asserts that Terrell's appeal is not properly before the Court. We agree and dismiss for lack of jurisdiction.

Factual Background and Procedural History

¶2. Robert Terrell, Ricardo Hawthorne, and Learchie Nicholson have been charged with conspiring to defraud and actually defrauding John McLendon out of real property and the timber on that property. Terrell and his co-indictees allegedly forged McLendon's name on fraudulent warranty deeds that conveyed McLendon's land to Hawthorne, and they mailed the fraudulent documents across county lines. They are further alleged to have sold the timber on McLendon's land for $20,300. In a twenty-count indictment, Terrell was charged with six counts of mail fraud; six counts of conspiracy to commit mail fraud; one count of fraudulent use of identity; one count of conspiracy to commit fraudulent use of identity; one count of timber theft; one count of conspiracy to commit timber theft; two counts of false pretense; and two counts of conspiracy to commit false pretense.

¶3. Claiming that many charges would result in a double jeopardy violation, Terrell filed six motions to quash, consolidate, or dismiss various counts. After a hearing, the trial court denied the motions. At the end of the hearing, Terrell's counsel indicated his intent to appeal, and the trial court referenced an interlocutory appeal. Terrell's counsel interrupted the court, saying he considered the court's ruling to be a final judgment on the double jeopardy claim and that the appeal would not be interlocutory. Terrell filed a notice of appeal the following day.

Discussion

¶4. Terrell asserts that the trial court's denial of his double jeopardy claims was error. He also asserts that the trial court erred by refusing to stay his trial pending the instant appeal. The State maintains ...


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