Jenkins v. State
| Docket Number: | 2007-KA-00913-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, 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: 05-03-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTED OF BURGLARY OF A DWELLING AND SENTENCED TO SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Forrest Allgood Case Number: 2004-0094 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JERRY LEE JENKINS, III |
BENJAMIN ALLEN SUBER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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| Topic: | Burglary of dwelling - Sufficiency of evidence |
| Summary of the Facts: | Jerry Jenkins was convicted of burglary of a dwelling and sentenced to sixteen years. He appeals. |
| Summary of Opinion Analysis: | Jenkins argues that there could be no “breaking and entering” since the apartment he supposedly broke into was also his dwelling and he was in the apartment with the consent of his girlfriend. He argues that her apartment should be considered his dwelling since he frequently stayed with her at the apartment and kept personal items there such as clothing and toiletries. The intention of the dweller is the material consideration in determining whether a building may be characterized as a dwelling for purposes of the burglary statute. In this case, all the records pertaining to the apartment (lease and utilities) were listed under his girlfriend’s name. There is no record that Jenkins had any claim to the apartment, other than keeping some small personal items there, which was disputed at trial. Nor was there any evidence presented that Jenkins provided any financial support to his girlfriend, other than a $200 money gram supposedly sent to her after the burglary, which she claims she never received. While it may have been acknowledged that Jenkins was her long-time and frequent guest, the jury could have reasonably found that this did not elevate him to the level of an actual resident of the dwelling. Jenkins also argues that, contrary to his girlfriend’s testimony, he entered the apartment peaceably and sat down to talk to her. There was sufficient contradictory evidence presented to show that the front door was opened by force and an assault on his girlfriend occurred immediately afterward. She testified that she heard a loud crash, and suddenly, Jenkins was in her apartment. In addition, the officer who investigated testified there was a footprint on the front door, the door frame was cracked, and the victim was injured and bleeding. |
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