Sanders v. State
| Docket Number: | 2004-KA-02442-COA Linked Case(s): 2004-KA-02442-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-26-2006 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence Judge(s) Concurring: Myers, P.J., Southwick, Irving, Griffis and Barnes, JJ. Dissenting Author : Lee, P.J. Dissent Joined By : King, C.J., Chandler and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-05-2004 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: JOYCE IVY CHILES Case Number: 2004-170 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kelvin Lamar Sanders |
WHITMAN D. MOUNGER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Sufficiency of evidence |
| Summary of the Facts: | Kelvin Sanders was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Sanders argues that the evidence is insufficient to support the conviction. Although Sanders’ intent to commit aggravated assault is the weakest link in the evidence, intent was sufficiently shown by the State. The mind of an alleged offender may be read from his acts, conduct, and inferences fairly deducible from all the circumstances. From the evidence, the jury was left with the uncontradicted facts that Sanders lied about where the accident that damaged his truck occurred, shots were fired at the time of the ramming, a shell casing was found, physical evidence placed Sanders’s truck at the scene of the accident as well as leaving the vacant lot, Sanders’s truck hit the victim’s car with enough force to rotate it 180 degrees, and Sanders was identified as the individual that rammed and robbed the victim. Thus, the jury had more than enough proof before it to find Sanders guilty beyond a reasonable doubt of aggravated assault. |
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