Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hubbard v. State

Court of Appeals of Mississippi

May 8, 2018

TOREY PATSHAWN HUBBARD A/K/A TOREY HUBBARD A/K/A TOREY P. HUBBARD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/23/2017

          GRENADA COUNTY CIRCUIT COURT, HON. JOSEPH H. LOPER JR., TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN TAYLOR COOK.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY TAYLOR GERBER.

          BEFORE LEE, C.J., BARNES AND TINDELL, JJ.

          TINDELL, J.

         ¶1. A Grenada County grand jury indicted Torey Hubbard for burglary of a dwelling. See Miss. Code Ann. § 97-17-23(1) (Rev. 2014). After a jury convicted Hubbard, the Grenada County Circuit Court sentenced him to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with the sentence to run consecutively to any previously imposed sentences. On appeal, Hubbard argues the circuit court erroneously allowed the State to amend his indictment.[1] Finding no error, we affirm Hubbard's conviction and sentence.

         FACTS

         ¶2. Around 6:30 p.m. on August 13, 2016, Bernice Freelon returned home after attending a birthday party. Freelon testified that she had left her house door closed but unlocked, and as she entered her home, she saw someone run from her kitchen to another room. Thinking the person might be a relative, Freelon entered the other room and discovered an intruder. Freelon recognized the intruder as Hubbard. Freelon testified that Hubbard held a t-shirt and another item in his hand and that he stated Freelon's door had been unlocked. Freelon testified that she had never invited Hubbard into her home and that she was afraid upon discovering him there. Freelon ran out the front door of her home, and she stated that Hubbard ran out the back door. Several days after the burglary, Freelon found a white t-shirt and a flashlight in her backyard. Freelon identified the flashlight as hers and testified that she kept the flashlight inside her home.

         ¶3. On direct examination, Freelon stepped down from the witness stand and positively identified Hubbard as the burglar she encountered in her home. Freelon testified that she recognized Hubbard at the time of the burglary because she had spoken to him earlier that morning. According to Freelon, she had been hanging up clothes in her yard the morning of the burglary when she noticed Hubbard at the back of her property. Freelon testified that she went to see what Hubbard was doing and that she asked him several questions. Freelon also testified that she had seen Hubbard in her yard on three separate occasions prior to the day of the burglary.

         ¶4. Hubbard testified on his own behalf and denied that he broke into Freelon's home on August 13, 2016. Hubbard stated that he was at his aunt's house from the evening of August 12, 2016, until the evening of August 14, 2016, and that his cousin then spent the night at his house on August 14, 2016. Hubbard admitted on cross-examination that neither his aunt nor his cousin was at trial to corroborate his alibi. According to Hubbard, neither his aunt nor his cousin "like[d] court." When asked whether he told the police about his alibi for the burglary, Hubbard replied that the police did not want to hear anything he had to say and that they never asked him about the witnesses.

         ¶5. After considering both Freelon's and Hubbard's testimonies, the jury found Hubbard guilty of burglary. The circuit court then sentenced Hubbard to fifteen years in MDOC's custody, with the sentence to run consecutively to any previously imposed sentences. Hubbard filed an unsuccessful motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. Aggrieved, Hubbard appeals.

         DISCUSSION

         ¶6. Hubbard's indictment initially charged him with committing burglary "on or about August 14, 2016[.]" After voir dire, the State moved to amend the date of the offense to "on or about August 13, 2016[.]" Overruling the defense's objection that the change constituted a substantive amendment, the circuit court granted the State's motion. On appeal, Hubbard renews his trial objection and argues the circuit court erred by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.