Forrest v. State
| Docket Number: | 2009-KA-01383-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-01-2011 Opinion Author: Lee, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Touching child for lustful purposes - Weight of evidence - Excessive sentence - Section 47-7-3(1)(b) 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 |
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| Trial Court: |
Date of Trial Judgment: 04-21-2008 Appealed from: Lincoln County Circuit Court Judge: David H. Strong, Jr. Disposition: Convicted of Count I, touching a child for lustful purposes, and sentenced to fifteen years with twelve years to serve and three years of probation, and Count II, touching a child for lustful purposes, and sentenced to five years suspended and five years of probation, 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 with no possibility of early release or parole, and ordered to pay a $10,000 fine. District Attorney: Dee Bates Case Number: 2007-70-LS |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Robert E. Forrest, Jr. |
JOSEPH A. FERNALD JR. |
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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: | Touching child for lustful purposes - Weight of evidence - Excessive sentence - Section 47-7-3(1)(b) |
| Summary of the Facts: | Robert Forrest Jr. was found guilty of two counts of touching a child for lustful purposes. On Count I, he was ordered to serve fifteen years, with twelve years to serve and three years’ probation. On Count II, he was ordered to serve a five-year suspended sentence and five years’ probation. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Forrest argues that the verdict is not supported by the evidence because the testimony presented by the State was unreliable and contradictory. Forrest argues that the victim’s mother manufactured testimony for the victim, and her own testimony contradicted the other witnesses’ testimonies. The argument presented by Forrest amounts to a conflict in the evidence. The jury is charged with the responsibility of weighing and considering conflicting evidence, evaluating the credibility of witnesses, and determining whose testimony should be believed. The jury heard testimony over the course of two days from the victim, the victim’s mother, Forrest, Forrest’s wife, the investigating officers, and other witnesses. Weighing the evidence in the light most favorable to the verdict, the trial court did not abuse its discretion in denying the motion for a new trial. Issue 2: Excessive sentence Forrest concedes that the sentence he received was within the statutory guidelines. However, he argues that because he had no prior criminal history, he should not have been denied the possibility of early release or parole. Sentencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute. Forrest’s convictions carried a possible thirty-year sentence. His sentence of twelve years to serve followed by three years’ probation and a five-year suspended sentence was within the statutory guidelines. As for Forrest’s argument that he should be eligible for early release or parole, section 47-7-3(1)(b) provides that sex-crime offenders are not eligible for early release or parole. |
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