Jones v. State
| Docket Number: | 2003-KA-00083-COA Linked Case(s): 2003-CT-00083-SCT ; 2003-CT-00083-SCT ; 2003-KA-00083-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2004 Opinion Author: Griffis, J. Holding: REVERSED AND REMANDED ON DIRECT APPEAL, REVERSED AND RENDERED ON CROSS-APPEAL |
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| Additional Case Information: |
Topic: Burglary of dwelling - Prior convictions - M.R.E. 404(b) - Bail pending appeal - Section 99-35-115(2)(a) Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-17-2002 Appealed from: Tate County Circuit Court Judge: Andrew C. Baker Disposition: ATTEMPTED BURGLARY OF A DWELLING: SENTENCED TO SERVE A TERM OF TWENTY FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND THE DEFENDANT SHALL NOT BENEFIT FROM GOOD TIME, ADMINISTRATIVE REDUCTION OF SENTENCE. District Attorney: John W. Champion Case Number: CR2002-21-B-T |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jessie Frank Jones |
TOMMY WAYNE DEFER
DAVID L. WALKER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Burglary of dwelling - Prior convictions - M.R.E. 404(b) - Bail pending appeal - Section 99-35-115(2)(a) |
| Summary of the Facts: | Jesse Jones was convicted of attempted burglary of a dwelling and sentenced to serve twenty-five years as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Prior convictions Jones filed a motion in limine to prevent the State from eliciting testimony regarding his past felony convictions for burglary, attempted burglary, and grand larceny connected with burglary. The judge admitted testimony regarding the prior convictions to show intent, and Jones argues this was error. Under M.R.E. 404(b), evidence of other crimes or bad acts may be admissible to prove identity, knowledge, intent, motive or to prove scienter. The 404(b) exception for which the crime is introduced must be a material issue in the case and its probative value must not be substantially outweighed by the prejudicial effect. In this case, the prosecution presented no underlying facts about Jones’ prior convictions. Instead, the prosecution called the circuit clerk to testify that Jones had several prior convictions, and the clerk provided no information other than the documents which indicated Jones was a prior convicted felon. Although evidence of Jones' other convictions of burglary and burglary-related crimes can be admissible to show his intent, simply allowing testimony that Jones' committed similar crimes in the past and may have a propensity to commit similar crimes is an abuse of discretion. Therefore, the case is reversed and remanded for a new trial. Issue 2: Bail On cross-appeal, the State argues that the court erred in sustaining Jones' motion for bail pending appeal. Section 99-35-115(2)(a) establishes three requirements for a person convicted of a felony to be released on bail pending an appeal: one must show by clear and convincing evidence that the release would not constitute a special danger to any other person; there must exist a condition or combination of conditions that may be placed on the release that will reasonably assure the appearance; and peculiar circumstances of the case must render the release on bail proper. Here, the court did not address the statutory requirements but merely relied on its concern over its prior Rule 404(b) ruling. Therefore, the judge erred in granting Jones bail pending appeal. |
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