Walker v. State
| Docket Number: | 2009-KA-01229-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Burglary of building - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-26-2009 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: CONVICTED OF BURGLARY OF A BUILDING AND SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FIVE YEARS TO SERVE, TWO YEARS SUSPENDED, AND TWO YEARS OF POST-RELEASE SUPERVISION, AND TO PAY A $1,000 FINE, A $100 ASSESSMENT TO THE MISSISSIPPI CRIME VICTIMS’ COMPENSATION FUND, AND $885.62 IN RESTITUTION District Attorney: John Richard Young Case Number: CR09-071-GM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Terry Walker a/k/a Belly Walker |
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL: W. GLENN WATTS | ||
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 building - Weight of evidence |
| Summary of the Facts: | Terry Walker was convicted of burglary of a building and was sentenced to seven years, with five years to serve and two years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Walker argues that the weight of the evidence presented during his trial cannot sustain the jury’s verdict. The evidence at trial included the State’s uncontradicted testimony of two police officers that when they viewed the surveillance videotape they recognized Walker as the burglar. The videotape showed the assailant entering the store through the broken bottom half of the Junior Food Mart’s glass door, quickly looking up at the surveillance camera, and placing a t-shirt or towel over his head. The burglar then took a Marlboro cardboard box from under the front counter and filled it with cigarettes and other merchandise from the Junior Food Mart. Finally, the burglar walked around the counter, picked up the box, and left the store. While he was walking toward the front door to the Junior Food Mart, the front of the clothing he was wearing was in full view of the surveillance camera. Furthermore, there was uncontradicted testimony that the cardboard box found behind Walker’s home was the cardboard box stolen from the Junior Food Mart. The jury was able to view the videotape and draw their own conclusions. Although there was testimony from Walker and others on his behalf that he did not commit the burglary, and he was at home and asleep at the time, the evidence presented, when viewed in a light most favorable to the verdict, is of sufficient weight that his conviction cannot be said to be an unconscionable injustice. When the evidence is conflicting, the jury is the sole judge of the credibility of witnesses and the weight and worth of their testimony. |
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