Carter v. State
Docket Number: | 2005-KA-01836-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 08-21-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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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. |
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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