Bolton v. State
| Docket Number: | 2011-CT-00161-SCT Linked Case(s): 2011-KA-00161-COA ; 2011-KA-00161-COA ; 2011-CT-00161-SCT ; 2011-CT-00161-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-16-2013 Opinion Author: Kitchens, J. Holding: Reversed and Remanded |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2012 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Elements instruction - Intent to commit a specific crime Judge(s) Concurring: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 12-01-2010 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CONVICTED OF BURGLARY OF A DWELLING AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Robert Shuler Smith Case Number: 2010-0612 |
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| Note: | The Supreme Court found that the jury was improperly instructed on the essential elements of burglary consistent with Daniels v. State, and reversed the decisions of the Court of Appeals and the Hinds County Circuit Court and remanded the case to the trial court for proceedings. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO77396.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Dondrego Bolton |
OFFICE OF STATE PUBLIC DEFENDER: JUSTIN TAYLOR COOK
LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS SCOTT STUART |
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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 - Elements instruction - Intent to commit a specific crime |
| Summary of the Facts: | Dondrego Bolton was convicted of burglary and sentenced to twenty years. Bolton’s indictment originally charged him with breaking and entering a dwelling with the intent to commit larceny. At trial, the jury was instructed on burglary of a dwelling and the lesser-included offense of trespassing. The jury was told that if it found that Bolton had broken and entered into the home “[w]ith the intent to commit the crime of larceny or any other crime,” he was guilty of burglary. The Court of Appeals found these jury instructions to be sufficient. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The trial court’s failure to instruct the jury properly on the essential elements of the crime of burglary requires reversal. Bolton’s jury instructions were fatally flawed, because the jury was permitted to convict him of burglary if it found he had intended to commit any crime while inside the dwelling. The prosecution therefore was relieved of its obligation of proving his intent to commit a particular crime. One of the essential elements of the crime of burglary is the intent to commit a specific crime. Even though Bolton failed to object, the omission of the jury instructions to instruct the jury on all of the essential elements of burglary constitutes plain error. |
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