Smith v. State
| Docket Number: | 2003-KA-00256-COA Linked Case(s): 2003-KA-00256-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-04-2004 Opinion Author: Irving, J. Holding: AFFIRMED AS TO COUNT TWO AND REVERSED AND RENDERED AS TO COUNT ONE |
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| Additional Case Information: |
Topic: Conspiracy to commit grand larceny & Attempted grand larceny - Sufficiency of evidence Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-12-2002 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: CONVICTED OF COUNT ONE, CONSPIRACY TO COMMIT GRAND LARCENY, AND COUNT TWO, ATTEMPT TO COMMIT GRAND LARCENY. SENTENCED TO FIVE YEARS, ON EACH COUNT, IN THE CUSTODY OF THE MDOC WITH THE SENTENCES TO RUN CONSECUTIVELY, AND A FINE OF $1,000. District Attorney: Rhonda Amis Case Number: 2002-441 R(D) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Fredrick Antwain Smith a/k/a Fredrick Smith a/k/a Fredric Smith |
JOHN KEITH PERRY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | Conspiracy to commit grand larceny & Attempted grand larceny - Sufficiency of evidence |
| Summary of the Facts: | Fredric Smith was convicted of conspiracy and attempt to commit grand larceny. He was sentenced to two five-year consecutive sentences as an habitual offender. He appeals. |
| Summary of Opinion Analysis: | Smith argues that the evidence was insufficient to convict him of attempted grand larceny, because the State failed to produce any admissible evidence regarding the value of the truck rims, the trial court should not have allowed the jury to hear testimony regarding the lug nut, and the detective in charge of the evidence should have been presented as a witness to testify to his findings concerning the lug nut. Smith’s arguments concerning defects in the chain of custody of the lug nut are irrelevant. The judge did not allow the lug nut to be admitted into evidence and even if he had, the failure of the prosecution to establish all of the links in the chain of custody implicates the weight to be accorded the evidence by the jury. Although the prosecution failed to present any direct evidence as to the value of the rims, the owner testified that he paid between three and four thousand dollars for the rims which circumstantially provided a basis from which the jury could infer that the rims were worth at least $250 because of the amount of the purchase price. Smith also argues that the evidence was insufficient to support his conviction of conspiracy to commit grand larceny. For there to be a conspiracy, there must be a recognition on the part of the conspirators that they are entering into a common plan and knowingly intend to further its common purpose. The State’s theory of the case was that Smith and the driver of the car had engaged in a prior conspiracy to steal the rims. However, the only connection between Smith and the driver of the car is the fact that when the car pulled into the driveway, Smith ran but later came back and continued to jack up the truck while the car was still in the driveway. There is no evidence that the two men ever talked, that Smith ever approached the driver, or put anything in the car. Although the rims were removed from the truck, no attempt was made to put them into the car that was in the driveway. This evidence is insufficient to prove that Smith and the driver of the car had entered into a common plan to commit grand larceny. |
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