Wright v. State
| Docket Number: | 2001-KA-01928-COA Linked Case(s): 2001-KA-01928-COA ; 2001-CT-01928-SCT ; 2001-CT-01928-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-04-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Lesser-included offense instruction - Length of sentence - Sufficiency of evidence - Age of victim Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-20-2001 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: CONVICTED OF STATUTORY RAPE - SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $10,000 District Attorney: Bilbo Mitchell Case Number: 163-01 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jason Wright a/k/a Jason Allen Wright |
WILLIAM B. JACOB
JOSEPH A. KIERONSKI
DANIEL P. SELF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Statutory rape - Lesser-included offense instruction - Length of sentence - Sufficiency of evidence - Age of victim |
| Summary of the Facts: | Jason Wright was convicted of statutory rape and was sentenced to twenty years plus $10,000 in fines, and $246.50 in court costs. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Lesser-included offense instruction Wright argues that the court erred in refusing to instruct the jury on the lesser included offense of contributing to the delinquency of a minor. To justify such an instruction, Wright must point to some evidence that would have allowed the jury to find him not guilty of statutory rape while also finding him guilty of contributing to the delinquency of a minor. The evidence that exists went to prove only that Wright engaged in sexual intercourse with victim. Issue 2: Length of sentence Wright argues that the court erred in its application of the post release supervision statutes. Because a defendant must object to the length of his sentence at trial, this issue is procedurally barred since there was no objection at trial. Issue 3: Sufficiency of evidence Wright argues that the State did not prove the victim’s age since it failed to introduce her birth certificate or other official document. Age may be adequately proven by testimony. The victim testified that her birth date was November 23, 1987, which would make her twelve years old on the date of the rape. This was sufficient to prove that Wright committed statutory rape. |
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