Boone v. State
| Docket Number: | 2006-KA-00081-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-24-2008 Opinion Author: Randolph, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Gratification of lust - Motion for continuance - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-08-2005 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Conviction of gratification of lust and sentence of fifteen (15) years, ten (10) years suspended, five (5) years to serve in the custody of the Mississippi Department of Corrections, with two (2) years supervised probation and two (2) years post release supervision. District Attorney: Eleanor Faye Peterson Case Number: 04-0-943 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gregory Boone |
John McNeal |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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: | Gratification of lust - Motion for continuance - Sufficiency of evidence |
| Summary of the Facts: | Gregory Boone was convicted of gratification of lust with a child under the age of sixteen. Boone was sentenced to fifteen years, with ten suspended and five to serve, and two years probation. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion for continuance Boone was initially represented by an assistant public defender, but he subsequently hired an attorney. Boone argues that the court erred by denying his Motion for Continuance as he obtained this new counsel a few weeks prior to trial. The clerkâs papers and transcript of this case do not include a motion for continuance, written or oral, made by Boone, nor is there a denial of a motion for continuance. Because there is no evidence in the record of a motion for continuance, this issue has no merit. Issue 2: Sufficiency of evidence Boone argues that the evidence was confusing and contradictory, and that the State failed to make a prima facie case for gratification of lust. While Boone did present an alibi witness, review of the testimony by this witness and the witnesses provided by the State does not show that the evidence so considered was such that reasonable and fair-minded jurors could only find the accused not guilty. |
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