Smith v. State


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Docket Number: 2003-KA-02105-SCT
Linked Case(s): 2003-KA-02105-SCT

Supreme Court: Opinion Link
Opinion Date: 05-26-2005
Opinion Author: Dickinson, J.
Holding: Affirmed

Additional Case Information: Topic: Armed carjacking - Lesser included offense instruction - Cautionary instruction - Weight of evidence
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ.
Non Participating Judge(s): Diaz, J.
Concurs in Result Only: Graves and Randolph, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-10-2003
Appealed from: Hinds County Circuit Court
Judge: Bobby DeLaughter
Disposition: Appellant was found guilty of armed carjacking and sentenced as a habitual offender to thirty years without possibility of parole.
District Attorney: Eleanor Faye Peterson
Case Number: 02-0-31

Note: Appellant's Letter Request to File Supplemental Brief and treated as a Motion to File Supplemental Brief is denied

  Party Name: Attorney Name:  
Appellant: Christopher Smith a/k/a Chris Smith/Christopher Anderson




DAN W. DUGGAN, JR.



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF  

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Topic: Armed carjacking - Lesser included offense instruction - Cautionary instruction - Weight of evidence

Summary of the Facts: Christopher Smith was convicted of armed carjacking and sentenced as a habitual offender to thirty years, without possibility of parole. He appeals.

Summary of Opinion Analysis: Issue 1: Lesser included offense instruction Smith argues that the court erred in refusing to instruct the jury on an alleged lesser-included offense of aiding and abetting in motor vehicle theft. A jury instruction on a lesser-included offense is to be given only when a defendant points to evidence in the record from which a jury could reasonably find him not guilty of the crime with which he was charged and at the same time find him guilty of the lesser included offense. If an accused is guilty of the offense for which he was indicted, the accused is also guilty of any crime considered to be a lesser-included offense. The carjacking statute does not require the element of aiding and abetting. Thus, aiding and abetting in automobile theft is not a lesser-included offense of armed carjacking. Issue 2: Cautionary instruction Smith argues that the cautionary instruction given by the court was insufficient. The judge instructed the jury to view an accomplice’s testimony with great caution and suspicion. Use of either “caution” or “care” is acceptable, so long as the term “suspicion” is included. When an accomplice instruction is required, the court (as was done in this case) must inform the jury that an accomplice’s testimony which is uncorroborated by other evidence must be viewed with great caution and suspicion. The instruction in this case is a correct statement of the law. Issue 3: Weight of evidence Smith argues that the verdict is against the weight of the evidence. While the victim was unable to give a full description to the police of the driver of the vehicle, she was able to pick Smith out of a photograph line-up. Additionally, Smith was pulled over driving the stolen vehicle. The State met its burden of producing evidence as to every element of armed carjacking.


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