Carter v. State


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Docket Number: 2005-KA-01836-COA

Court of Appeals: Opinion Link
Opinion Date: 08-21-2007
Opinion Author: ROBERTS, J.
Holding: Affirmed

Additional Case Information: Topic: Motor vehicle theft - Sufficiency of evidence
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-16-2005
Appealed from: Grenada County Circuit Court
Judge: Clarence E. Morgan, III
Disposition: CONVICTED OF MOTOR VEHICLE THEFT AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF MDOC WITH FOUR YEARS SUSPENDED AND FINE OF $1000.00
District Attorney: Doug Evans
Case Number: 2004-0163CR

  Party Name: Attorney Name:  
Appellant: LYNDELL CARTER




BERNARD C. JONES



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  

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Topic: Motor vehicle theft - Sufficiency of evidence

Summary of the Facts: Lyndell Carter was convicted of motor vehicle theft. He appeals.

Summary of Opinion Analysis: Carter challenges the sufficiency of the evidence. The testimony given at trial places Carter in the stolen Expedition during the 2001 summer sale and establishes that he drove the vehicle off the Kirk Auto lot in early to mid July 2001 without the authority to do so. While Carter claimed during interviews that he was given permission to use the Expedition, and this version of events was corroborated by the testimony of one of his witnesses, the jury is the final judge of a witness’s credibility. Therefore, the evidence was sufficient for a jury to conclude beyond a reasonable doubt that Carter took the Expedition, which belonged to Kirk Auto, without authority or permission to do so.


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