Bennett v. State
| Docket Number: | 2006-KA-00054-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault & Possession of firearm by convicted felon - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-12-2005 Appealed from: BOLIVAR COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: CONVICTED OF COUNT I, AGGRAVATED ASSAULT, AND SENTENCED TO TWELVE YEARS, AND COUNT II, POSSESSION OF A FIREARM BY A CONVICTED FELON, AND SENTENCED TO THREE YEARS, WITH THE SENTENCES TO RUN CONCURRENTLY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: LAURENCE Y. MELLEN Case Number: 2005-103-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Clarence Bennett, Jr. |
JUSTIN TAYLOR COOK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
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: | Aggravated assault & Possession of firearm by convicted felon - Weight of evidence |
| Summary of the Facts: | Clarence Bennett Jr. was convicted of aggravated assault and possession of a firearm by a convicted felon. He was sentenced to twelve years on the conviction of aggravated assault and three years on the conviction of possession of a firearm by a convicted felon. He appeals. |
| Summary of Opinion Analysis: | It is undisputed that Bennett shot the victim. Bennett, the victim, and the victim’s girlfriend testified at the trial of the matter that Bennett was the shooter. Bennett argues the testimonies of the victim and his girlfriend were unreliable, as both witnesses had a stake in the outcome of the case. Additionally, Bennett argues the testimony of a witness should have been disregarded because of minor inconsistencies in her testimony and because she testified that she did not see who had shot the victim. Nonetheless, witness credibility is a matter for the jury to consider and determine. Thus, Bennett’s conviction of aggravated assault is not against the overwhelming weight of the evidence. |
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