Cole v. State


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Docket Number: 2007-KA-01930-COA
Linked Case(s): 2007-KA-01930-COA ; 2007-CT-01930-SCT
Court of Appeals: Opinion Link
Opinion Date: 11-18-2008
Opinion Author: CARLTON, J.
Holding: Affirmed
Additional Case Information: Topic: Fleeing law enforcement officer in motor vehicle - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 10-03-2007
Appealed from: Attala County Circuit Court
Judge: Clarence E. Morgan, III
Disposition: CONVICTED OF FELONY FLEEING A LAW ENFORCEMENT OFFICER WHILE IN A MOTOR VEHICLE AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FOUR YEARS SUSPENDED AND ON POST-RELEASE SUPERVISION
District Attorney: Doug Evans
Case Number: 07-0108-CR
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: MARCUS D. COLE A/K/A MARCUS D. HARMON




 LESLIE S. LEE, ROSALIND HAYDEN JORDAN, ERIN ELIZABETH PRIDGEN



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  
    Synopsis provided by:

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    Topic: Fleeing law enforcement officer in motor vehicle - Sufficiency of evidence
    Summary of the Facts: Marcus Cole was convicted of the felony crime of fleeing a law enforcement officer in a motor vehicle. He was sentenced to five years with one year to serve and four years suspended on post-release supervision. He appeals.
    Summary of Opinion Analysis: Cole argues that he should have been charged with the misdemeanor crime of fleeing from a law enforcement officer under section 97-9-72(1) instead of felonious fleeing of a law enforcement officer under section 97-9-72(2), because the police chase did not occur around a lot of vehicles and was not endangering the lives of other citizens. Testimony shows that the officer attempted to pull over a Lincoln after he had reasonable suspicion to believe the driver was speeding and after dispatch had notified him that the Lincoln’s tag was expired. The driver of the Lincoln failed to pull over, and a car chase ensued. The driver of the Lincoln was speeding up to 95 miles per hour and was running stop signs within the city limits. The officer also testified that he purposefully had to move his own vehicle out of the oncoming path of the Lincoln on at least one occasion. Moreover, the driver of the Lincoln caused a wreck when he took a sharp turn off Highway 12 and crashed into another car. This testimony could logically lead a fair-minded juror to conclude that Cole’s driving was done with a reckless and willful disregard of the safety of persons and property.


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