JASON LEE MILES a/k/a JASON MILES a/k/a JASON L. MILES
STATE OF MISSISSIPPI
OF JUDGMENT: 07/17/2017
NESHOBA COUNTY CIRCUIT COURT TRIAL JUDGE: HON. CHRISTOPHER A.
ATTORNEYS: CHRISTOPHER MORGAN POSEY BRITTANY WHITE BROWN
MITCHELL DEE THOMAS
ATTORNEYS FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER
GEORGE T. HOLMES MITCHELL DEE THOMAS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE DISTRICT ATTORNEY: STEVEN SIMEON KILGORE
RANDOLPH, P.J., COLEMAN AND CHAMBERLIN, JJ.
RANDOLPH, PRESIDING JUSTICE
Jason Lee Miles appeals the verdict of a Neshoba County jury,
which found him guilty of grand larceny. Finding no error, we
affirm his conviction and sentence.
OF FACTS AND PROCEDURAL HISTORY
The December 2016 Neshoba County Grand Jury indicted Miles
for grand larceny. Miles was arraigned on March 8, 2017, and
was ordered in writing to appear for call on the first day of
the July term, which was July 3, 2017. His trial was set for
the second Monday of term, July 10, 2017. On June 28, 2017,
the court issued an additional written Order Presetting Place
One Criminal Case, setting forth a trial date of July 10,
2017. This order also was furnished to the three attorneys in
the public defender's office, who represented Miles.
Miles's trial began on July 11, 2017. Miles's counsel
did not move for a continuance until that same date. Counsel
argued that he personally did not become aware of this trial
date until the start of the July term, i.e., July 3. Counsel
related that he did not receive discovery until July 3, and
did not receive a DVD of Miles transporting the stolen
property taken on January 5, 2016, until July 5. Counsel
argued he personally had not had adequate time to prepare due
to other trials. Counsel related that Miles had not provided
him with a list of potential witnesses until the afternoon
before trial. Counsel asked for additional time "to
allow us to compel those witnesses and also to make -- to at
least view the four-wheeler that was recovered and is alleged
to be the same as the one depicted in the video in the
possession of my client."
The trial court reminded counsel that Miles was arraigned on
March 8, 2017. At his arraignment, Miles was given a trial
date of July 10, 2017. The court stated that it was its
common practice to notify all three public defenders of trial
dates. Counsel acknowledged that P. Shawn Harris, commonly
referred to as the chief public defender, had assigned
Miles's case to him. The trial court denied the motion
for continuance, finding:
Mr. Thomas, the record is clear that Mr. Harris and the
public defenders' office were on notice of this trial
setting a day ago, on July the 10th, back on the 8th day of
March. You have the full and complete subpoena power of the
Court for any witnesses that you see fit to issue a subpoena
for. I don't think I would be further dilatory in issuing
them, though. If you are interested in issuing subpoenas
returnable instanter, I extend that power of the Court to
record reflects that five subpoenas subsequently were issued
to the following people: Mr. Midly, David Holley, Paul
Harrison, Jimmy Smith, and Mr. Thompson.
During the trial, it was gleaned that Donald Coleman was the
present owner of a house and a one-acre tract of land in
Neshoba County, located off Highway 16 East in Longdale.
Seven years prior, Donald had a series of strokes, which
eventually caused him to be placed in a nursing home in
Meridian. Lavell, Donald's brother, testified that he
regularly checked on Donald's land and property, in his
absence, including a four-wheeler, lawn mower, and trailer,
kept under a shed beside Donald's house. Although it was
not marked as an exhibit, upon examination, Lavell verified
the document giving him power of attorney over his brother.
On January 5, 2016, Lavell drove by Donald's house and
saw the four-wheeler, lawn mower, and trailer chained and
locked under the shed. The next evening, the equipment was
gone. Lavell noticed tire tracks in the yard and immediately
called the Neshoba County Sheriff's Office. At that time,
Lavell's granddaughter, Brittney, was living in
Donald's house while she attended college.
Lavell testified that the trailer was blue, six to eight feet
long, with two wheels, and was approximately ten to fifteen
years old. The sides of the trailer were wooden with a metal
back that could be used as a ramp for loading and unloading.
Lavell testified that the present value of the trailer was
approximately $1, 000 to $1, 500.
Lavell testified that the four-wheeler was a dark green
Arctic Cat, purchased new approximately fifteen to twenty
years prior. At the time the four-wheeler was stolen, it was
no longer running. ...