Carter v. State
| Docket Number: | 2007-KA-01318-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Victim’s conduct - Lesser-included offense instruction Judge(s) Concurring: KING, C.J., MYERS, P.J., 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: 07-18-2007 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWELVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A FINE OF $5,000 District Attorney: Mark Sheldon Duncan Case Number: 07-CR-060-NS-G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | REGGIE ANDRE CARTER |
CHRISTOPHER A. COLLINS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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: | Aggravated assault - Victim’s conduct - Lesser-included offense instruction |
| Summary of the Facts: | Reggie Carter was convicted of aggravated assault and was sentenced to twelve years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Victim’s conduct Carter argues that the trial judge erred in excluding testimony regarding the victim’s continued intimacy with him after the aggravated assault. The trial judge would not allow this testimony into evidence finding that any subsequent fraternization between the two was irrelevant. As Carter has cited no relevant authority, the judge did not abuse his discretion in excluding this particular testimony. Issue 2: Lesser-included offense instruction Carter argues that a lesser-included offense instruction should have been given for the jury to consider simple assault. Lesser-included offense instructions should be submitted to the jury only where there is an evidentiary basis in the record therefor. The judge found “evidence of somebody beaten unmercifully. . . . [The victim had a] broke[n] arm, hospital bills, permanent injuries, [and] medical treatment going on now for seven months after the accident.” Thus, the judge did not err in denying Carter’s request for a simple assault jury instruction. |
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