Potts v. State
| Docket Number: | 2005-KA-01066-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Failure to register as sex offender, Fondling, & Kidnapping - Sufficiency of evidence Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, 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: 04-19-2005 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: CONVICTED OF COUNT I FAILURE TO REGISTER AS A SEX OFFENDER AND SENTENCE OF FIVE YEARS; COUNT II OF FONDLING AND SENTENCE OF FIFTEEN YEARS TO RUN CONSECUTIVELY WITH SENTENCE IN COUNT I; AND COUNT III OF KIDNAPPING AND SENTENCE OF THIRTY YEARS TO RUN CONSECUTIVELY TO SENTENCES IN COUNT I AND II, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Joyce Ivy Chiles Case Number: 2004-0234 CICR |
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| Party Name: | Attorney Name: | |||
| Appellant: | LEONARD POTTS |
DAVID M. HOLLY |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Failure to register as sex offender, Fondling, & Kidnapping - Sufficiency of evidence |
| Summary of the Facts: | Leonard Potts was convicted of the crimes of failure to register as a sex offender, fondling, and kidnapping. He appeals. |
| Summary of Opinion Analysis: | Potts argues that he could not be convicted for failure to register as a sex offender, because he was he was not a Mississippi resident at the time the crime occurred. Mississippi law requires sex offenders, who maintain a permanent or temporary residence in the state, to register with the Mississippi Department of Safety. If the offender’s permanent residence is not in Mississippi, temporary residence is established where the person routinely abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence. A witness testified that, as of the time of trial, he and Potts had lived near one another for about six to nine months and that Potts was a resident of Leflore County, Mississippi. Thus, the verdict was supported by legally sufficient evidence. Potts also argues that the State failed to prove by credible and uncontradicted evidence that he fondled the victim. The victim testified that Potts told him to pull down his pants while Potts rubbed his behind. He also testified that Potts used baby oil to masturbate. A detective offered corroborating testimony by saying he noticed a roll of toilet paper and a bottle or container that appeared to be baby oil in the car driven by Potts. Thus, the verdict was supported by legally sufficient evidence. Potts also argues that the State failed to prove “force” for the kidnapping charge. After the victim was lured into the vehicle, Potts’ actions sufficiently met the definition of forcible seizure and confinement. Potts first picked up the victim and drove around for a period of time, during which he fondled the child. After leaving a friend’s house, he drove the victim around in a car for approximately seven hours. The victim indicated that he viewed Potts as an authority figure and felt he could not leave because he was required to obey him. Additionally the victim indicated that while he wanted to leave, he did not know his way back home from the locations Potts took him. Potts does not have any support for his assertion that if there is a means of escape, the victim is not forcibly confined. |
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