CHARLES NAYLOR a/k/a CHARLES EDWARD NAYLOR a/k/a CHARLES E. NAYLOR a/k/a CHARLES ED NAYLOR
STATE OF MISSISSIPPI
OF JUDGMENT: 03/03/2017
FORREST COUNTY CIRCUIT COURT, HON. JON MARK WEATHERS JUDGE.
COURT ATTORNEYS: ZACHARY M. VAUGHN JAMES LANE CANDANCE L.
RICKMAN PAUL B. JOHNSON, III TANGI A. CARTER ROBERT WHITACRE
T. MICHAEL REED PATRICIA BURCHELL JASON DARRELL LITTLE, JR.
ATTORNEY FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER
BY: GEORGE T. HOLMES.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA McCLINTON.
DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL.
KITCHENS, P.J., BEAM AND CHAMBERLIN, JJ.
KITCHENS, PRESIDING JUSTICE.
After discovering an interloper inside a parked, inoperable
Volvo vehicle that he knew belonged to Bobby Brewer, Jerry
McGill called the police, then pursued the man as he fled on
foot. The police identified the man as Charles Naylor. Naylor
had in his possession Brewer's global positioning system
(GPS) and an insurance card that bore Brewer's name. He
was convicted of burglary of an automobile and was sentenced,
as an habitual offender pursuant to Mississippi Code Section
99-19-81 (Rev. 2015), to seven years' imprisonment
without parole. On appeal, Naylor claims that the evidence
was insufficient to support his conviction. Finding no merit
in Naylor's claim on appeal, we affirm.
AND PROCEDURAL HISTORY
Jerry McGill owns an automobile mechanic shop in Hattiesburg,
Mississippi, around the corner from Bobby's Muffler and
Brake Shop (Bobby's Muffler), which is owned by Bobby
Brewer. On October 29, 2015, McGill, who does mechanic work
at night, was responding to a broken-down vehicle call when
he drove by Bobby's Muffler. McGill noticed that a door
was open on the Volvo parked outside Bobby's Muffler.
McGill knew the vehicle belonged to Brewer.
When McGill stopped to close the door, a man raised his head
inside the Volvo and got out. The man, whom law enforcement
personnel later identified as Charles Naylor, walked over to
McGill, who still was in his truck. Naylor informed McGill
that the Volvo belonged to him, that he had dropped it off
for repairs, and that Brewer was to work on it the next
morning. McGill told Naylor that he worked at Bobby's
Muffler and asked for Naylor's information, whereupon
Naylor replied that the shop already had his information.
When McGill snapped a photograph of Naylor, Naylor walked
away. McGill telephoned the police at that point. He then got
out of his truck, looked in the Volvo, and noticed that
papers had been strewn about its interior and that the glove
box had been "just tore all open . . . ."
McGill remained on the line with the police and followed
Naylor, who was walking ahead, in his truck. McGill did not
lose sight of Naylor and followed him until Naylor sat down
on the sidewalk outside a McDonald's restaurant, located
approximately a quarter mile from Bobby's Muffler.
McGill, who was instructed to wait at a gas station across
from the McDonald's, saw officers arrest Naylor outside
Officer Allen Grace of the Hattiesburg Police Department
responded to McGill's call. Naylor was identified and was
detained. In Naylor's possession, police found a global
positioning system (GPS) unit and an automobile insurance
card for a white Volvo which bore Bobby Brewer's name.
Officer Grace testified that he had lifted some fingerprints
from Brewer's Volvo but explained that those fingerprints
were not Naylor's. According to Officer Grace, after
apprehending Naylor, he ...