Harris v. State
Docket Number: | 2006-KA-01327-SCT | |
Supreme Court: | Opinion Link Opinion Date: 12-13-2007 Opinion Author: Diaz, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Aggravated assault & Simple assault - Hearsay - M.R.E. 801(c) - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ. Concurs in Result Only: Graves and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 07-21-2006 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Count I: Conviction of Aggravated Assault and Sentence of Ten (10) Years in the custody of the Mississippi Department of Corrections. The execution of the last six (6) years of the sentence imposed in Count l is stayed and that portion of the sentence is suspended and the appellant shall be released on supervised probation for a term of five (5) years, with conditions, under the supervision of the Mississippi Department of Corrections. Count ll: Conviction of Simple Assault and Sentence of Six (6) Months in the custody of the Mississippi Department of Corrections. Sentence in Count II shall run concurrently with the sentence in Count I. District Attorney: Bilbo Mitchell Case Number: 928-05 |
Party Name: | Attorney Name: | |||
Appellant: | Bobby Demetrius Harris |
MARCUS DOUGLAS EVANS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY |
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Topic: | Aggravated assault & Simple assault - Hearsay - M.R.E. 801(c) - Sufficiency of evidence |
Summary of the Facts: | Bobby Harris was convicted of aggravated assault and of simple assault. For the aggravated assault conviction, Harris was sentenced to ten years with six years suspended and five years of post-release supervision. He was sentenced to six months for the simple assault conviction. He appeals. |
Summary of Opinion Analysis: | Issue 1: Hearsay Harris argues that the court erred in admitting hearsay testimony. Harris’s ex-wife stated that when she went to the Meridian Police Department to obtain a restraining order against Harris, she was told to wait until the next day. If the significance of a statement is simply that it was made and there is no issue about the truth of the matter asserted, then the statement is not hearsay as defined by M.R.E. 801(c). Here, the State was not offering this statement to prove the truth of the matter asserted, but to demonstrate why Mrs. Harris did not get a restraining order that day. Harris also argues that testimony by his stepson went to prove what was stated to his ex-wife by the defendant. However, the stepson never testified as to what Harris might have said to his ex-wife. If anything, the testimony was evidence that phone calls had been made to the house that day, and the ex-wife had already testified that Harris had called several times. Because this information was already in evidence, any error could not have prejudiced the defendant. Issue 2: Sufficiency of evidence Harris argues that the State failed to present sufficient evidence to support his conviction of aggravated assault, because the alleged victim never apprehended any danger. Harris has confused the common law definition of assault in tort, which requires the element of apprehension, with the statutory definition set forth in section 97-3-7 (2)(a). Because there was evidence that Harris attempted “to cause serious bodily injury” to the victim, this argument is without merit. |
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