Terrell v. State
| Docket Number: | 2005-KA-01606-COA Linked Case(s): 2005-KA-01606-COA ; 2005-CT-01606-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 02-20-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Robbery - Improper rebuttal - Sufficiency of evidence Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 07-25-2005 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: ROBBERY: SENTENCED TO FIFTEEN YEARS WITHOUT PAROLE AS A HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: ALEXANDER C. MARTIN Case Number: 2005-0024CR-A |
|
| Party Name: | Attorney Name: | |||
| Appellant: | RICARDO TERRELL A/K/A RECARIDO TERRELL |
M. A. BASS, JR. |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Robbery - Improper rebuttal - Sufficiency of evidence |
| Summary of the Facts: | Ricardo Terrell was convicted of robbery and sentenced as a habitual offender to fifteen years without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Improper rebuttal Terrell argues that a police officer who testified on rebuttal that Terrell confessed to involvement in the armed robbery and signed a waiver of rights was not on the State’s witness list and the questions asked on rebuttal were improper. The determination of whether evidence is properly admitted as rebuttal evidence is within the trial court’s discretion. Because no new evidence was admitted in the officer’s testimony, the court did not abuse its discretion. Issue 2: Sufficiency of evidence Terrell argues that the State failed to prove beyond a reasonable doubt that he was the individual who committed the armed robbery and that no credible evidence was presented to sustain the conviction. Not only did two witnesses identify Terrell, but Terrell confessed to assisting in the robbery. Viewing the evidence in the light most favorable to the prosecution, sufficient evidence existed for the trial judge to sustain a jury verdict of guilty. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
