Miller v. State
| Docket Number: | 2007-KA-00208-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Fondling - Sufficiency of evidence Judge(s) Concurring: KING, C.J., MYERS, P.J., 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: 04-13-2006 Appealed from: Alcorn County Circuit Court Judge: Thomas J. Gardner Disposition: CONVICTED OF FONDLING AND SENTENCED TO TEN YEARS, WITH FIVE YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, FIVE YEARS SUSPENDED, AND FIVE YEARS OF POST-RELEASE SUPERVISION District Attorney: John Richard Young Case Number: CR04-386 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LARRY WAYNE MILLER, JR. A/K/A LARRY WAYNE MILLER |
CLAY SPENCER NAILS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN | ||
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. |
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| Topic: | Fondling - Sufficiency of evidence |
| Summary of the Facts: | Larry Miller, Jr., was convicted of one count of fondling and was sentenced to ten years, with five years to serve. He appeals. |
| Summary of Opinion Analysis: | Miller argues that the evidence was insufficient because there was no physical evidence, and one of his witnesses, who was purportedly at Miller’s house that night, testified that he did not hear anything untoward happen. The jury heard the testimony of the victim that she was fondled by Miller and a witness who saw Miller fondling the victim. Thus, there is no merit to this issue. |
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