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.

Partee v. State

Court of Appeals of Mississippi

August 21, 2018

FRED PARTEE A/K/A FREDERICK PARTEE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/03/2017

          TUNICA COUNTY CIRCUIT COURT TRIAL JUDGE: HON. CHARLES E. WEBSTER

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD

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

          TINDELL, JUDGE

         ¶1. In March 2017, a Tunica County jury found Fred Partee guilty of burglary of a dwelling. With four prior-felony convictions and prior sentences to separate terms of one year or more, the Tunica County Circuit Court sentenced Partee as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2015) to twenty-five years without eligibility for parole or probation. Partee filed an unsuccessful motion for a judgment notwithstanding the verdict (JNOV) or, alternatively, for a new trial. Partee now appeals and asserts the admission of hearsay evidence bolstered the State's case against him and rendered his trial unfair. Finding no error, we affirm Partee's conviction and sentence.

         FACTS

         ¶2. Over the defense's objection, the circuit court first allowed Investigator Columbus Jones to testify at trial about a burglary relayed to him by a fifteen-year-old witness, Jasmine Carey, who identified Partee as the person who burglarized Maggie Clay's house. Partee's attorney objected on the basis of hearsay and asked the court to limit the testimony to identification only. The court found the anticipated testimony fell within an exception to the hearsay rule and overruled the objection. The court allowed Investigator Jones to testify about what Carey saw and the manner in which Carey observed Partee. Investigator Jones testified as follows:

Q. [(By Mr. Gresham:)] And during that interview with Jasmine Carey --excuse me -- I think I said Clay -- Carey, what did she advise you that she observed on that date, October 5th, 2016?
A. She stated that she had observed -- she'd seen Mr. Partee, Fred, as she called him --
Q. What's his last name?
A. Partee -- going inside of Ms. Clay's residence through ...

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.