Presley v. State
Docket Number: | 2006-KA-01195-COA Linked Case(s): 2006-KA-01195-COA ; 2006-CT-01195-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-18-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Burglary & Grand larceny - Sufficiency of evidence 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: 04-06-2006 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTION AS AN HABITUAL OFFENDER OF COUNT I BURGLARY AND SENTENCE TO SEVEN YEARS WITHOUT THE POSSIBILITY OF PAROLE OR EARLY RELEASE AND COUNT II GRAND LARCENY AUTO THEFT AND SENTENCE OF TEN YEARS WITHOUT THE POSSIBILITY OF PAROLE OR EARLY RELEASE TO RUN CONSECUTIVELY WITH THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Jon Mark Weathers Case Number: 05-550-CR |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | ROCHESTER EUGENE PRESLEY A/K/A RONALD STARKS A/K/A ZEE ZEE ZELAZURRA A/K/A ZEE ZEE ZELA ZURO |
BRENDA JACKSON PATTERSON |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER |
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: | Burglary & Grand larceny - Sufficiency of evidence |
Summary of the Facts: | Rochester Presley was found guilty of burglary and grand larceny. He appeals. |
Summary of Opinion Analysis: | Presley argues that the evidence was insufficient to sustain a conviction on either count. Since this case is based only on circumstantial evidence, the test to be applied is whether a rational fact finder might reasonably conclude that the evidence excludes every reasonable hypothesis inconsistent with guilt of the crime charged. Presley was seen within a few hundred yards of Grayco Systems several hours before the burglary. The keys to the stolen truck were kept inside the building in a wooden desk near the back of the building. The back window to Grayco Systems had been broken. The keys found on Presley operated the stolen truck and were on the same blue plastic key ring as the keys that were taken. Clearly, there is sufficient evidence to support that a burglary had occurred, and Presley was in possession of one of the items stolen from Grayco Systems. Presley was found in sole possession of the truck, only six days after the burglary. Presley was the only person found in possession of the keys and the truck. Presley clearly showed guilty knowledge when found by officers in South Carolina. Presley stated that it was his uncle’s truck. However, this explanation was demonstrably false since the vehicle identification number showed that the vehicle in fact belonged to Gray. Thus, there was sufficient evidence to support a conviction of burglary. The evidence also clearly establishes a crime of grand larceny and that Presley was guilty of grand larceny. |
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