Patton v. State
| Docket Number: | 2006-KA-01019-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Bribery of public official - Sufficiency of evidence - Entrapment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, 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: 06-14-2006 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF BRIBERY OF A PUBLIC OFFICIAL AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH ONE YEAR TO SERVE AND FOUR YEARS SUSPENDED District Attorney: Laurence Y. Mellen Case Number: 2005-193-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROBERT PATTON |
JOHNNIE E. WALLS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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: | Bribery of public official - Sufficiency of evidence - Entrapment |
| Summary of the Facts: | Robert Patton was convicted of bribery of a public official. He was sentenced to five years, with one year to serve and four years suspended. He appeals. |
| Summary of Opinion Analysis: | Patton argues that the evidence was insufficient to enable a reasonable jury to find him guilty of bribery of a public official because the State did not prove that the fifty dollars which his brother gave to the police officer was bribe money. The evidence conflicted regarding the purpose of the fifty dollars. It is the jury's role to assess the weight and credibility of the evidence and to resolve any differences in the evidence. In addition, Patton's argument is without merit because the State need not prove a completed bribery in order to secure a conviction of bribery of a public official. Patton also argues that the State failed to prove an offer to bribe. The police chief testified that, on the night of the burglary, Patton offered to pay him in exchange for notification of when the Gaming Commission was coming to check on the machines. Further, his testimony about Patton's offer was corroborated by a taped conversation. Patton also argues that the evidence was such that a reasonable jury, applying the beyond a reasonable doubt standard, could have only found that his commission of bribery was the result of entrapment by state officials. The entrapment defense fails if the State merely gave the defendant the opportunity to commit a crime which originated in the defendant's own mind. Here, evidence presented at the trial substantially showed Patton was predisposed to commit bribery before the police chief contacted the state authorities. |
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