Luckett v. State
| Docket Number: | 2007-KA-00982-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: King, C.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Embezzlement - Sufficiency of evidence - Section 97-23-19 Judge(s) Concurring: Lee and Myers, P.JJ., 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: 06-08-2007 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: CONVICTED OF EMBEZZLEMENT AND SENTENCED TO SERVE TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY FEES IN THE AMOUNT OF $279.50 District Attorney: David Byrd Clark Case Number: 17195 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DERRICK LUCKETT |
DAN W. DUGGAN,
GLENN S. SWARTZFAGER,
PHILLIP BROADHEAD |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN MARTIN JEFFREY A. KLINGFUSS |
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| Topic: | Embezzlement - Sufficiency of evidence - Section 97-23-19 |
| Summary of the Facts: | Derrick Luckett was convicted of embezzlement and sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Luckett argues that the State failed to prove the elements of embezzlement beyond a reasonable doubt. In order to prove embezzlement, the State had to provide evidence of the following: Wilson Kia (where Luckett was employed) owned the green Kia Sportage; the vehicle was lawfully entrusted to Luckett; and Luckett wrongfully converted the vehicle to his own use. The State established that Wilson Kia owned the green Kia Sportage in question. To show entrustment under section 97-23-19, the State had to present evidence that Luckett lawfully possessed the green Kia Sportage by virtue of his office, position, place, or employment. The State failed to provide evidence which established that Luckett was entrusted with the Wilson Kia vehicles held in inventory at the Lakeland location when Luckett was employed solely at the Highway 80 location. As a parts counter person, Luckett simply ordered parts for the vehicles at the Highway 80 location. Additionally, Luckett did not have permission to take Wilson Kia vehicles off the lot simply by being an employee of Wilson Kia. Based on this testimony, the State failed to prove that Luckett was entrusted with the vehicles at the Lakeland location by virtue of his position. Therefore, the trial court erred by denying Luckett’s motion for a directed verdict because the State failed to prove the elements of embezzlement beyond a reasonable doubt. |
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