Jones v. State
| Docket Number: | 2009-KA-00462-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2010 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Burglary of business - Ineffective assistance of counsel Judge(s) Concurring: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Concurs in Result Only: King, C.J., and Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-13-2009 Appealed from: SCOTT COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF BUSINESS BURGLARY AND SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 08-CR-072-SC |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Larry Carl Jones, Jr. |
EDMUND J. PHILLIPS, JR., JAMES EDWIN SMITH III |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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: | Burglary of business - Ineffective assistance of counsel |
| Summary of the Facts: | Larry Jones, Jr. was convicted of burglary of a business and sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Jones argues that he received ineffective assistance of counsel, because his attorney failed to seek suppression of his statement to the police in light of his warrantless arrest. An arrest is valid where the arresting officer has probable cause to believe a felony has been committed and that the suspect to be arrested committed the felony. Probable cause exists where the facts and circumstances within an arresting officer’s knowledge are sufficient within themselves to warrant a man of reasonable caution to believe that a person has committed an offense. Here, the officer saw Jones walking under a streetlight 150 yards from the site of a burglary in progress. The time was between 1:00 a.m. and 2:00 a.m., and it is undisputed that the building’s alarm was still sounding. The officer saw a second man driving away and a third exiting the business. The facts and circumstances within the officer’s knowledge, at a minimum, supported his reasonable belief that Jones had been involved in the burglary plot. Thus, the officer had sufficient probable cause to arrest Jones. Jones’s trial counsel apparently chose to attack Jones’s confession as the product of coercion rather than argue the legality of his arrest. Based on the record, this decision appears logical. Thus, Jones’s conviction and sentence are affirmed without prejudice to his right to pursue post-conviction relief. |
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