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Davis v. State

Supreme Court of Mississippi, En Banc

May 7, 2015

JORDAN DAVIS a/k/a JORDAN D. DAVIS
v.
STATE OF MISSISSIPPI

COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/18/2012. TRIAL JUDGE: HON. LAMAR PACKARD.

THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED IN PART AND REVERSED IN PART. THE JUDGMENT OF THE CIRCUIT COURT OF CLAIBORNE COUNTY IS REVERSED AND RENDERED.

ATTORNEY FOR APPELLANT: OFFICE OF THE STATE PUBLIC, DEFENDER, BY: HUNTER NOLAN AIKEN.

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

CHANDLER, JUSTICE. WALLER, C.J., DICKINSON AND RANDOLPH, P. JJ., LAMAR, KITCHENS, PIERCE AND KING, JJ., CONCUR. COLEMAN, J., CONCURS IN PART AND IN RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 806

ON WRIT OF CERTIORARI

NATURE OF THE CASE: CRIMINAL - FELONY

CHANDLER, JUSTICE

¶1. Jordan Davis was indicted for one count of auto theft, one count of grand larceny of a tractor, and one count of receiving stolen property concerning the same tractor. Davis was acquitted of auto theft and grand larceny but convicted of receiving stolen property. On appeal, the State confessed error because Claiborne County's dual charges against Davis for stealing and receiving the same property violated Mississippi Code Section 97-17-70(3)(a). The Court of Appeals reversed the receiving-stolen-property conviction, but remanded for further proceedings. Davis v. State, 2014 WL 702284, *2 (Miss. Ct. App. February 25, 2014). We granted Davis's petition for certiorari and now reverse and render his conviction. We affirm in part and reverse in part the judgment of the Court of Appeals. We reverse the judgment of the Circuit Court of Claiborne County and render judgment in Davis's favor.

DISCUSSION

¶2. Michael Dent and his brother-in-law, John Barham Watkins, stored personal property at their cattle farm in Claiborne County. On November 8, 2011, Dent and Watkins discovered several items missing from the farm, including an old John Deere tractor, a cotton trailer, a 1950 Chevrolet truck, a 1950 Studebaker truck, and other items. They notified the sheriff's department. Later, Dent and Watkins discovered tracks leading out of the farm to Bulldog Scrap Metal. There, Dent discovered his tractor and a missing hay fork.

¶3. A Bulldog Scrap Metal employee, Darrell Purves, testified tat, on October 13, 2011, Davis and Bradford Wren had brought in the tractor, and Purves paid Wren $784.80 for it. Purves testified that he initially made the receipt out to Davis, but at Davis's request, he made it out to Wren. Purves also testified that, on November 8, 2011, Davis brought in the cotton trailer and the 1950 Chevrolet truck. Purves paid Davis $520 for both these items.

¶4. Davis was indicted for auto theft of the trucks, grand larceny of the tractor and other items, receiving stolen property ...


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