Ude v. State
| Docket Number: | 2007-KM-00268-COA Linked Case(s): 2007-KM-00268-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-01-2008 Opinion Author: BARNES, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Stalking - Denial of jury trial - URCCC 12.02(c) - Right to speedy trial - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-22-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: DEFENDANT FOUND GUILTY OF STALKING AND SENTENCED TO SIX MONTHS IN COUNTY JAIL - SENTENCE SUSPENDED FOR TWO YEARS PENDING GOOD BEHAVIOR. District Attorney: COUNTY PROSECUTOR- ROY E. CARPENTER, JR. Case Number: 2005-0185-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CRIMINAL - MISDEMEANOR |
BART UDE (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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: | Stalking - Denial of jury trial - URCCC 12.02(c) - Right to speedy trial - Sufficiency of evidence |
| Summary of the Facts: | Bart Ude was convicted in justice court of stalking. He was sentenced to six months in the county jail, suspended for a period of two years pending good behavior and was ordered to pay all fines and court costs associated with the cause. Ude appealed to circuit court. The trial judge found beyond a reasonable doubt that Ude was guilty of stalking. In addition to the penalties imposed by the justice court, Ude was banished from Oktibbeha County for a period of two years. Ude appeals. |
| Summary of Opinion Analysis: | Issue 1: Denial of jury trial Ude argues that he is constitutionally entitled to a jury trial because the maximum possible penalty for the crime of stalking is one year. The United States Constitution guarantees a jury trial to all persons charged with a serious offense. A serious offense is one for which the defendant could be sentenced to more than six months in jail for committing. URCCC 12.02(c) only grants the trial court discretion to deny a defendant’s request for a jury trial in cases in which the maximum possible sentence is six months or less. As the offense of stalking is punishable by up to one year in jail, Ude had the right to a jury trial, and the circuit court had no discretion to deny him that right. Issue 2: Right to speedy trial Although Ude argues that he was denied his right to a speedy trial, he raises this argument for the first time on appeal. Therefore, he is procedurally barred from raising this issue. Issue 3: Sufficiency of evidence Ude argues that the State failed to prove the elements of stalking beyond a reasonable doubt. The record contains sufficient evidence from which the circuit court could find Ude guilty of stalking. Numerous witnesses testified to Ude’s harassing behavior of the victim. |
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