Fields v. State
| Docket Number: | 2002-KA-01554-COA Linked Case(s): 2002-CT-01554-SCT ; 2002-KA-01554-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-17-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Right to counsel - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-15-2002 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: COUNT I, FELONY CRIME OF AN AUTOMOBILE BURGLARY: SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; COUNT III, FELONY CRIME OF AN AUTOMOBILE BURGLARY: SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. SENTENCES TO RUN CONCURRENTLY. District Attorney: Doug Evans Case Number: 2000-0288-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Marvin Fields |
ROBERT T. LASTER
PHILLIP BROADHEAD
STACEY MAZULERICH |
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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: | Burglary - Right to counsel - Sufficiency of evidence |
| Summary of the Facts: | Marvin Fields was convicted of two counts of burglary and was sentenced to seven years on each count. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to counsel Fields argues that his right to counsel was violated when he was compelled to proceed pro se at trial. While an indigent is entitled to competent counsel to defend him, he is not entitled to court-appointed counsel of his own choosing. Since Fields did not have the resources to obtain an attorney and right before trial rejected the services of an appointed attorney, who was familiar with the case, and had previously obtained a mistrial on one of the charges, the court was not obligated to grant a continuance and appoint new counsel. Issue 2: Sufficiency of evidence Fields argues that the evidence was insufficient because there was nothing presented which suggested that he attempted to conceal his possession of the goods allegedly stolen from the automobiles, and he provided an explanation as to why he had an equalizer in his pocket. The State presented evidence through the testimony of an officer that he saw two black males near the Cadillac at Abel's Used Cars that appeared to have a glass window broken out, that when he approached Fields to question him, he noticed wires hanging from Fields' pocket, and that Fields stated that he had just gotten off of a Greyhound bus, borrowed a car from a friend and the car had broken down so he took the equalizer out of the car to make sure that it would not get stolen. The manager of Cannon's Used Cars identified the equalizer that was in Fields' possession as the one which came from the dashboard of the Plymouth Acclaim on his lot. Based on this evidence, a jury could find Fields guilty. |
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