Lindsey v. State
| Docket Number: | 2007-KA-00927-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2008 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of business – Lesser-included offense instruction Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-06-2007 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: CONVICTION OF BURGLARY OF A BUSINESS AND SENTENCE OF SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH THREE YEARS SUSPENDED AND THREE YEARS OF SUPERVISED PROBATION District Attorney: Eleanor Faye Peterson Case Number: 06-5-062 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BOBBY R. LINDSEY |
GEORGE T. HOLMES |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 business – Lesser-included offense instruction |
| Summary of the Facts: | Bobby Lindsey was convicted of burglary of a business. He was sentenced to seven years with three years suspended and three years of supervised probation. He appeals. |
| Summary of Opinion Analysis: | Lindsey argues that the trial court committed reversible error when it refused to instruct the jury as to misdemeanor receipt of stolen property. Lindsey is entitled to have a jury instruction on his theory of the case, provided that there was a foundation for the jury instruction in the evidence. Lindsey testified in his own defense that he bought the items from another individual by using cocaine as payment. Clearly, there is evidentiary support for the receipt of stolen property. However, the key issue is the value of the property and, thus, the severity of the offense. In light of the business owner’s uncontradicted testimony as to the value of the items, and the lack of any other evidence as to their value, the trial court did not err when it refused the proffered jury instruction for misdemeanor receipt of stolen property. |
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