Brown v. State


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Docket Number: 2009-KA-01847-COA

Court of Appeals: Opinion Link
Opinion Date: 10-26-2010
Opinion Author: Lee, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Burglary of building other than dwelling - 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: 10-16-2009
Appealed from: ATTALA COUNTY CIRCUIT COURT
Judge: Clarence E. Morgan, III
Disposition: MICHAEL D. BROWN WAS CONVICTED OF COUNT I, BURGLARY OF A BUILDING OTHER THAN A DWELLING, AND SENTENCED TO SEVEN YEARS AND COUNT II, BURGLARY OF A BUILDING OTHER THAN A DWELLING, AND SENTENCED TO SEVEN YEARS WITH ONE DAY TO SERVE AND THE REMAINDER UNDER POST-RELEASE SUPERVISION, WITH THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND TO PAY $3,562.50 IN RESTITUTION MICHAEL D. BARKSDALE WAS CONVICTED OF COUNT I, BURGLARY OF A BUILDING OTHER THAN A DWELLING, AND SENTENCED TO SEVEN YEARS AND COUNT II, BURGLARY OF A BUILDING OTHER THAN A DWELLING, ANDSENTENCED TO SEVEN YEARS WITH ONE DAY TO SERVE AND THE REMAINDER UNDER POST-RELEASE SUPERVISION, WITH THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND TO PAY $3,562.50 IN RESTITUTION.
District Attorney: DOUG EVANS
Case Number: 2009-096-(A)-CR

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Michael D. Brown and Michael D. Barksdale




ERIN ELIZABETH PRIDGEN



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

    Synopsis provided by:

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    Topic: Burglary of building other than dwelling - Sufficiency of evidence

    Summary of the Facts: Michael Brown and Michael Barksdale were convicted of two counts of burglary of a building other than a dwelling. On Count I, Brown was sentenced to seven years. On Count II, Brown was sentenced to seven years, with one day to serve and the remainder to be under post-release supervision. On Count I, Barksdale was also sentenced to seven years. On Count II, Barksdale was also sentenced to seven years, with one day to serve and the remainder to be under post-release supervision. They appeal.

    Summary of Opinion Analysis: Brown and Barksdale argue that the State did not prove that they had intended to steal the victim’s property. Intent to do an act or commit a crime is a question of fact to be gleaned by the jury from the facts shown in each case. The State showed that Brown and Barksdale were on the victim’s property without his permission. Brown admitted that he had hidden some of the items he had taken from the victim’s property. The jury clearly found Brown’s and Barksdale’s versions of events to be less than credible and resolved any conflicts in the evidence in the State’s favor. Viewing the evidence in the light most favorable to the State, reasonable, fair-minded jurors could have found Brown and Barksdale guilty of burglary.


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