Watts v. State
| Docket Number: | 2006-KA-01057-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Weight of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-31-2006 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Al Smith Disposition: CONVICTED OF BURGLARY OF DWELLING AND SENTENCED TO TEN YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE TO SERVE AND FIVE SUSPENDED District Attorney: Laurence Y. Mellen Case Number: 2006-0046 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JAMES WATTS, JR. |
WILBERT LEVON JOHNSON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 of dwelling - Weight of evidence |
| Summary of the Facts: | James Watts, Jr. was convicted of burglary of a dwelling and was sentenced to ten years imprisonment with five years suspended. He appeals. |
| Summary of Opinion Analysis: | Watts challenges the weight and sufficiency of the evidence. Though Watts does point out various inconsistencies with the eyewitness testimony, those inconsistencies are not enough to disturb the jury’s determination of the weight and credibility of those testimonies. A review of the trial transcript shows that these inconsistencies were fully explored on cross-examination by Watts’ counsel. Therefore, it can be said that a reasonable juror could have found the testimonies credible. Furthermore, Watts did have an opportunity to take the stand and testify in his defense and/or call other witnesses to refute any inconsistencies in the State’s case-in-chief; however, Watts chose not to do so. Based upon the evidence the jury was presented with at trial, there was sufficient evidence to support the elements of the crime of burglary of a dwelling, and the jury was reasonable in finding Watts guilty. |
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