Minor v. State
| Docket Number: | 2010-KA-00497-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-24-2011 Opinion Author: Lee, C.J. Holding: Affirmed in part, reversed and rendered in part. |
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| Additional Case Information: |
Topic: Sexual battery & Touching and fondling for lustful purposes - Double jeopardy - Single sentence Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ Non Participating Judge(s): Myers and Russell, JJ. Dissenting Author : Carlton, J. With Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-08-2010 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: Convicted of Count II, Sexual Battery, and Sentenced to Fifteen Years and Count III, Gratification of Lust, and Sentenced to Fifteen Years, With the Sentences to Run Concurrently in the Custody of the Mississippi Department of Corrections District Attorney: Alexander C. Martin Case Number: 2007-0038-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Lamon Minor |
W. DANIEL HINCHCLIFF, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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: | Sexual battery & Touching and fondling for lustful purposes - Double jeopardy - Single sentence |
| Summary of the Facts: | Christopher Minor was indicted on two counts of sexual battery and one count of touching and fondling for lustful purposes. One of the two counts of sexual battery was dismissed prior to trial. Minor was found guilty of the two remaining counts. During sentencing, the trial court found that Minor was guilty of one crime because the fondling conviction merged with the sexual-battery conviction. Minor was sentenced to two concurrent fifteen-year sentences. Minor appeals. |
| Summary of Opinion Analysis: | Minor argues that the two counts with which he was charged stem from the same action; thus, he was subjected to double jeopardy because he received two separate sentences. When penetration is achieved by touching a child who is under the age of consent, gratification of lust is a lesser-included offense of sexual battery. Because it was impossible in this case for Minor to have committed sexual battery without also having committed the crime of gratification of lust, the two crimes must be merged. One of the protections of double jeopardy is against multiple punishments for the same criminal offense. Minor cannot be found guilty of both crimes without his right against double jeopardy being violated. If Minor committed the same act on more than one occasion, the separate charges could have stood on their own and would have been appropriate. However, the trial judge found insufficient evidence to support convictions based on two separate acts. After hearing the testimony, the trial judge determined that Counts II and III of the indictment stemmed from a single act. The trial judge stated that “because of the testimony that was introduced,” only one conviction was supported. The trial judge’s decision was consistent with the evidence. Because the crimes merged, Minor is to serve a single fifteen-year sentence for sexual battery. |
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