Bright v. State


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Docket Number: 2006-KA-01970-COA
Linked Case(s): 2006-KA-01970-COA2006-CT-01970-SCT
Oral Argument: 09-25-2007
 

 

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Court of Appeals: Opinion Link
Opinion Date: 03-04-2008
Opinion Author: CARLTON, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault - Sufficiency of evidence - Lesser-included offense instruction
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ.
Non Participating Judge(s): IRVING, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-11-2006
Appealed from: MONTGOMERY COUNTY CIRCUIT COURT
Judge: Joseph H. Loper
Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH SIX YEARS SUSPENDED AND FIVE YEARS OF POST RELEASE SUPERVISION WHICH SHALL COMMENCE ON THE DAY DEFENDANT IS RELEASED FROM ACTUAL CONFINEMENT, THE REMAINING FOURTEEN YEARS TO SERVE.
District Attorney: Doug Evans
Case Number: 2006-0017CR

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: KEITH BRIGHT A/K/A LEWIS KEITH BRIGHT




LESLIE S. LEE



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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    Topic: Aggravated assault - Sufficiency of evidence - Lesser-included offense instruction

    Summary of the Facts: Keith Bright was convicted of aggravated assault. He was sentenced to twenty years, with six years suspended and five years of post-release supervision. He appeals.

    Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Bright argues that his conduct did not under the circumstances manifest extreme indifference to the value of human life but that the evidence only established that he hit the victim twice in the face. This issue turns largely on Bright’s intent, which is a question for the jury. The State was not required to prove that Bright acted with extreme indifference to the value of human life. The evidence adduced at trial, when viewed in the light most favorable to the verdict, substantially supports the conclusion that Bright purposely or knowingly caused serious bodily injury to the victim. Most significantly, Bright admitted hitting him. Bright also argues that the State failed to present sufficient evidence that he kicked the victim, as alleged in the indictment. However, there was sufficient evidence to support a finding that Bright kicked the victim. The victim testified that the last thing he remembered was Bright kicking him as he lay on the porch. The extent of his injuries and his testimony permit a reasonable inference that Bright kicked the victim. Issue 2: Lesser-included offense instruction Bright argues that the court erred in refusing his instruction on the charge of simple assault. A lesser-included offense jury instruction on simple assault is properly denied where no reasonable jury could conclude that the victim’s injuries were less than serious. A simple assault jury instruction was not warranted in this case because no reasonable juror could characterize the victim’s injuries as less than serious.


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