McFarland v. State
| Docket Number: | 2004-KA-00416-COA Linked Case(s): 2004-KA-00416-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-15-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Timeliness of appeal - M.R.A.P. 2(c) - Suppression of evidence - Sufficiency of evidence Judge(s) Concurring: King, C.J., Myers, P.J., 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: 10-16-2003 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF ARMED ROBBERY, AND SENTENCED TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: JON MARK WEATHERS Case Number: 03-310-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Stanley McFarland |
JONATHAN MICHAEL FARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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: | Armed robbery - Timeliness of appeal - M.R.A.P. 2(c) - Suppression of evidence - Sufficiency of evidence |
| Summary of the Facts: | : The motion for rehearing is granted, and this opinion is substituted for the original opinion. Joseph McFarland was convicted of armed robbery and was sentenced to serve thirty years. McFarland filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. The circuit court never ruled on these motions. McFarland filed a second motion for a new trial, as well as a notice of appeal. The Court of Appeals originally dismissed McFarland’s appeal for lack of jurisdiction. However, in his motion for rehearing, McFarland states that the Forrest County Public Defender’s Office was at fault for failing to timely appeal. In fact, the assistant public defender admits that McFarland’s trial and appellate counsel who also works for the Forrest County Public Defender’s Office, inadvertently failed to timely file McFarland’s motion for a new trial as well as the notice of appeal. Pursuant to M.R.A.P. 2(c) which allows the Court to suspend the requirements of Rule 4 for good cause in criminal cases, the merits of McFarland’s appeal will be addressed by the Court since it is clearly not McFarland’s fault that his appeal was untimely. |
| Summary of Opinion Analysis: | Issue 1: Suppression of evidence McFarland argues that there was no probable cause to search him or the car he was driving without a warrant. A police officer has the authority to stop a motorist if he believes that person is committing a traffic offense and to take precautions to ensure his personal safety. If, while taking these precautions, the officer sees contraband and arrests the motorist, he may then search the vehicle. Here, the officer testified that he saw McFarland’s car run a stop sign and that he patted McFarland down for safety when he exited the car. The trial court’s findings were supported by substantial credible evidence. Issue 2: Sufficiency of evidence McFarland argues that the evidence was insufficient for a conviction. There was sufficient evidence for the jury to find McFarland guilty of armed robbery. The store supervisor identified McFarland from the surveillance tape of the robbery, and McFarland was apprehended shortly after the robbery with the exact items stolen from the store and a gun in the backseat of the car he was driving. |
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