Catling v. State


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Docket Number: 2009-KA-02029-COA

Court of Appeals: Opinion Link
Opinion Date: 10-05-2010
Opinion Author: Lee, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Grand larceny & Fraudulent use of debit card - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-27-2009
Appealed from: Amite County Circuit Court
Judge: Forrest Johnson
Disposition: CONVICTED OF COUNT I, GRAND LARCENY, AND SENTENCED TO EIGHT YEARS; COUNTS II-IV, FRAUDULENT USE OF DEBIT CARD, AND SENTENCED TO FOUR YEARS EACH ON COUNTS II-IV, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCES IN COUNTS II-IV TO RUN CONCURRENTLY AND TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I
District Attorney: Ronnie Lee Harper
Case Number: 09-0KR-012

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Gloria B. Catling




HUNTER NOLAN AIKENS



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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    Topic: Grand larceny & Fraudulent use of debit card - Sufficiency of evidence

    Summary of the Facts: Gloria Catling was found guilty of one count of grand larceny (for stealing three rings) and three counts of fraudulent use of a debit card. On Count I, grand larceny, she was sentenced to eight years. On Counts II, III, and IV, fraudulent use of a debit card, she was sentenced to four years on each count. She appeals.

    Summary of Opinion Analysis: Catling argues that she was, at the most, guilty of petit larceny because the State failed to prove beyond a reasonable doubt that the value of the jewelry was $500 or more. Catling also argues, in the alternative, that the State failed to prove that she took the rings without consent. The victim testified that the value of one of the rings was over $500. All the rings were fourteen-carat gold, and three of the rings had diamonds on them. Taking the evidence in the light most favorable to the State, the evidence was sufficient for a rational trier of fact to find that the rings had a value of more than $500. With regard to whether Catling stole the rings or was given them by the victim, the victim and Catling presented conflicting testimony, and it is well settled that the jury weighs witness credibility and resolves questions of fact. The jury found that Catling used the victim’s debit card number for the purpose of fraudulently obtaining money to pay her bills. Catling argues that she was given permission to use the debit card. Again, this issue presented a factual question to be resolved by the jury.


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