Miller v. State


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Docket Number: 2001-KA-01223-COA
Linked Case(s): 2001-CT-01223-SCT ; 2001-CT-01223-SCT

Court of Appeals: Opinion Link
Opinion Date: 04-01-2003
Opinion Author: King, P.J.
Holding: Affirmed in Part; Reversed and Remanded in Part

Additional Case Information: Topic: Arson - Sufficiency of evidence - Post-release supervision - Section 47-7-37
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-27-2001
Appealed from: DeSoto County Circuit Court
Judge: George B. Ready
Disposition: ARSON IN THE 1ST DEGREE: SENTENCED TO A TERM OF ONE YEAR IN THE MDOC FOLLOWED BY SUPERVISED PROBATION UNDER THE SUPERVISION OF THE MDOC FOR A PERIOD OF TEN YEARS.
District Attorney: Ann H. Lamar
Case Number: CR2001-29 RD

  Party Name: Attorney Name:  
Appellant: Donald Wade Miller




JAMES W. AMOS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Arson - Sufficiency of evidence - Post-release supervision - Section 47-7-37

Summary of the Facts: Donald Miller was convicted of arson and was sentenced to one year followed by supervised probation of ten years. He appeals.

Summary of Opinion Analysis: Miller argues that there was insufficient evidence to establish that he intentionally set fire to his trailer. The evidence in this case indicates that Miller was the sole occupant of the trailer, a telephone call was made from the trailer approximately ten minutes before the fire was reported, Miller was the last person known to be at the trailer, a car was seen leaving the vicinity of Miller's trailer shortly before the fire, the fire was started deliberately, Miller was at home between 2:38 p.m. and 2:40 p.m., the fire was reported at approximately 2:49 p.m., and a call was made from Miller's trailer at approximately 2:38 p.m. Although the evidence is purely circumstantial, a verdict of guilty may properly be based upon circumstantial evidence. The record contains substantial evidence from which the jury could conclude that Miller was guilty of arson. Section 47-7-37 provides that a period of post-release supervision shall not exceed five years. Therefore, the case is reversed and remanded for the limited purpose of correcting that portion of the sentence which requires post-release supervision for a period in excess of five years.


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