Jones v. State


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Docket Number: 2006-KA-01243-COA
Linked Case(s): 2006-KA-01243-COA ; 2006-CT-01243-SCT

Court of Appeals: Opinion Link
Opinion Date: 04-15-2008
Opinion Author: BARNES, J.
Holding: Affirmed

Additional Case Information: Topic: Sexual battery - Sufficiency of evidence - Dismissal of juror
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-02-2006
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: CONVICTED OF SEXUAL BATTERY OF A MINOR AND SENTENCED TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF THE MDOC WITH FIFTEEN YEARS SUSPENDED AND FIFTEEN YEARS TO SERVE
District Attorney: Anthony J. Buckley
Case Number: 2005-149-K

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: JOSEPH GLENN JONES A/K/A JOSEPH G. JONES A/K/A JOSEPH JONES




LESLIE S. LEE, BRENDA JACKSON PATTERSON, MICHAEL DUANE MITCHELL



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER  

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    Topic: Sexual battery - Sufficiency of evidence - Dismissal of juror

    Summary of the Facts: Joseph Jones was convicted of sexual battery of a minor at least fourteen years of age but under sixteen years of age. He was sentenced to thirty years’ imprisonment with fifteen years to serve. He appeals.

    Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Jones argues there was no evidence in the record to support the jury’s finding that the victim was fourteen years old at the time she became pregnant; rather, all the evidence indicates that she was thirteen years old. Thus, argues Jones, the State failed to prove the age of the victim. In a prosecution for sexual battery, the age of the victim is an essential element of the offense that must be alleged and proved. While significant evidence was presented a trial indicating that the victim was thirteen when Jones impregnated her, both the weight and sufficiency of the evidence were sufficient for the jury to convict Jones of sexual battery of the victim when she was fourteen years old. According to the victim and portions of her medical records, the baby she conceived with Jones was born on December 27, 1999, at the approximate age of 22 weeks. The victim turned fourteen years old on August 5, 1999. Because of the closeness in time of her fourteenth birthday and the estimated date of conception, approximately a week to ten days, the jury could have found that she was fourteen at the time the baby was conceived. Issue 2: Dismissal of juror Jones argues that the trial judge erred in dismissing a juror from the jury and replacing her with an alternative juror because there was no evidence indicating that she was incapable of being fair and impartial. Jones’ counsel, however, did not make a contemporaneous objection following the trial court’s removal of the juror. The failure to make a contemporaneous objection serves as a waiver of any error.


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