Parker v. State
| Docket Number: | 2006-KA-00722-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-02-2007 Opinion Author: Diaz, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-16-2005 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: Conviction of Residential Burglary and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, without the benefit or possibility of parole or early release District Attorney: Jon Mark Weathers Case Number: 04-976-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gary Donnell Parker |
JONATHAN MICHAEL FARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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 dwelling - Sufficiency of evidence |
| Summary of the Facts: | Gary Parker was convicted of burglary of a dwelling as a habitual offender and was sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Parker argues that the verdict was against the sufficiency of the evidence. Though the defendant argues there is no forensic or physical evidence tying him to the broken window, reasonable jurors could have concluded that Parker broke the window to gain entry to the house. The fact that Parker entered the dwelling is undisputed. In Parker’s written statement, presented to the jury at trial, he admitted to being inside the home. Finally, the State provided evidence that Parker intended to commit a crime based upon the victim’s testimony that her purse, along with $85, was missing from her home after the defendant fled. Thus, the State presented sufficient evidence every element of the crime of burglary of a dwelling. |
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