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Naylor v. State

Supreme Court of Mississippi

April 5, 2018

CHARLES NAYLOR a/k/a CHARLES EDWARD NAYLOR a/k/a CHARLES E. NAYLOR a/k/a CHARLES ED NAYLOR
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 03/03/2017

          FORREST COUNTY CIRCUIT COURT, HON. JON MARK WEATHERS JUDGE.

          TRIAL 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.

          BEFORE KITCHENS, P.J., BEAM AND CHAMBERLIN, JJ.

          KITCHENS, PRESIDING JUSTICE.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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[1] 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 . . . ."

         ¶4. 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 the restaurant.

         ¶5. 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 ...


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