Roncali v. State
Docket Number: | 2006-KA-01224-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 04-15-2008 Opinion Author: IRVING, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Simple assault on law enforcement officer - Peremptory strike - Double jeopardy Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., 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: 06-30-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: CONVICTED OF SIMPLE ASSAULT ON A LAW ENFORCEMENT OFFICER AND SENTENCED TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Willie Dewayne Richardson Case Number: 2006-0023-K |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | STEVE RONCALI |
STAN PERKINS |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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: | Simple assault on law enforcement officer - Peremptory strike - Double jeopardy |
Summary of the Facts: | Steve Roncali was convicted of simple assault on a law enforcement officer and was sentenced to five years. He appeals. |
Summary of Opinion Analysis: | Roncali argues that the court erred by refusing to grant his request for a peremptory strike of juror number one. Batson requires the party objecting to the peremptory challenge to make a prima facie showing that race was the reason for the exercise of the peremptory challenge. The burden is then shifted to the proponent to provide a race-neutral reason for the strike. In this case, Roncali’s attorney claimed that juror number one looked away from her when she asked him whether he could be fair and impartial. There is no evidence to contradict the judge’s finding that the reason was not race neutral or valid. Roncali also argues that he was subjected to double jeopardy because, at the time of his arrest, he was issued a citation for resisting arrest and was later convicted of simple assault on a law enforcement officer. Not only is the issue waived since it is raised for the first time on appeal, but Roncali was not twice put in jeopardy of life or limb. A clear reading of the statutes establishes that the two offenses contain an element that is lacking from the other. |
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