Eason v. State


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Docket Number: 2006-KA-01067-COA
Linked Case(s): 2006-KA-01067-COA ; 2006-CT-01067-SCT

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

Additional Case Information: Topic: Sexual battery - Sufficiency of evidence - Section 97-3-95
Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ.
Judge(s) Concurring Separately: Roberts, J., concurs in Count I, II, III and specially concurs in count IV with separate with opinion, joined by Lee, P.J., Irving, Chandler, Griffis and Barnes, JJ.
Concur in Part, Concur in Result 1: IRVING, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-20-2006
Appealed from: PERRY COUNTY CIRCUIT COURT
Judge: Robert Helfrich
Disposition: CONVICTED OF SEXUAL BATTERY AND SENTENCED TO SERVE A TERM OF THIRTY YEARS EACH ON COUNTS I, II, AND III, EACH TO RUN CONSECUTIVELY. CONVICTED OF SEXUAL BATTERY AND SENTENCED TO SERVE A TERM OF THIRTY YEARS ON COUNT IV, WITH TEN YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND THE REMAINDER SUSPENDED WITH FIVE YEARS POSTRELEASE SUPERVISION.
District Attorney: Jon Mark Weathers
Case Number: 5234

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: STEVEN WALTER EASON




GLENN S. SWARTZFAGER



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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    Topic: Sexual battery - Sufficiency of evidence - Section 97-3-95

    Summary of the Facts: Steven Eason was convicted of four counts of sexual battery and sentenced to serve a total of thirty years each on Counts I, II, and III, and to thirty years on Count IV, with ten years to serve. He appeals.

    Summary of Opinion Analysis: Eason argues that the State failed to prove specifically on Count IV that Eason engaged in penetration with the two victims because Eason himself did not penetrate them, but rather he directed the children to have sexual intercourse with each other while he observed them. Reasonably and practically construed, section 97-3-95 prohibits any penetration of a child’s genital or anal openings by any part of the body or any object for lustful gratification. It is certain the Legislature did not intend to omit this type of conduct from punishment under this statute. The fact that Eason merely ordered the penetration of one minor child by another minor child, rather than doing it himself, is of no consequence. Eason was actively involved in the incident, which was for his own lustful gratification. Thus, the evidence in the record was sufficient to support the jury verdict.


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