Gilmer v. State


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Docket Number: 2009-KA-02018-COA
Court of Appeals: Opinion Link
Opinion Date: 03-01-2011
Opinion Author: Irving, J.
Holding: Affirmed.
Additional Case Information: Topic: Arson - Sufficiency of evidence - Section 97-17-7
Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 12-02-2009
Appealed from: Lincoln County Circuit Court
Judge: Michael M. Taylor
Disposition: Convicted of Arson and Sentenced to Three Years in the Custody of the Mississippi Department of Corrections, with Two Years Suspended, One Year to Serve, and Two Years of Probation
District Attorney: Dee Bates
Case Number: 08-210-LT
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Keshia Gilmer




 JUSTIN T. COOK



  
  • Appellant #1 Brief
    		•
    Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY  
    Synopsis provided by:

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    Topic: Arson - Sufficiency of evidence - Section 97-17-7
    Summary of the Facts: Keshia Gilmer was convicted of arson and sentenced to three years, with two years suspended, one year to serve, and two years of probation. She appeals.
    Summary of Opinion Analysis: Gilmer argues that there is insufficient evidence to sustain her conviction, because the State failed to provide sufficient evidence regarding the value of the items that were burned. According to section 97-17-7, a person can only be found guilty of third-degree arson if he burns property worth at least $25. Although there was no official appraisal of the property offered at trial, the owner of the property burned testified that one ring had been purchased for $175, that the burned clothing had cost approximately $60, and that the remaining jewelry was made of 10- or 14-carat gold. Based on her testimony, there is ample evidence that the burned items were worth at least $25.


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