Wheeler v. State
| Docket Number: | 2005-KA-02260-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Excited utterance - M.R.E. 803(2) - Present sense impression - M.R.E. 803(1) Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-21-2005 Appealed from: Panola Counrty Circuit Court Judge: Ann H. Lamar Disposition: CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND FIVE YEARS POSTRELEASE SUPERVISION. District Attorney: JOHN W. CHAMPION Case Number: CR2005-40-LP2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sean Terrell Wheeler |
DAVID L. WALKER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Excited utterance - M.R.E. 803(2) - Present sense impression - M.R.E. 803(1) |
| Summary of the Facts: | Sean Wheeler was convicted of aggravated assault and sentenced to fifteen years. He appeals. |
| Summary of Opinion Analysis: | Wheeler argues that the trial court erred in allowing a hearsay statement. Immediately after a woman told the witness that Wheeler had a gun, she jumped out of the car and ran for shelter. Clearly, her statement was both an excited utterance under M.R.E. 803(2) and a present sense impression under M.R.E. 803(1). Accordingly, they were properly admitted by the trial court. |
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