Hardin v. State


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Docket Number: 2005-KA-00576-COA
Court of Appeals: Opinion Link
Opinion Date: 06-20-2006
Opinion Author: Griffis, J.
Holding: Affirmed
Additional Case Information: Topic: Burglary, Conspiracy, Armed robbery & Kidnaping - Sufficiency of evidence - Identification - M.R.E. 801(d)(1)(A)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 01-30-2004
Appealed from: Lincoln County Circuit Court
Judge: Mike Smith
Disposition: CONVICTED OF COUNT I - BURGLARY OF A DWELLING AND SENTENCED TO 25 YEARS WITH 10 YEARS TO SERVE AND 15 YEARS OF POST-RELEASE SUPERVISION; COUNT II - BURGLARY OF A DWELLING AND SENTENCED TO 25 YEARS WITH 10 YEARS TO SERVE AND 15 YEARS OF POST-RELEASE SUPERVISION; COUNT III - CONSPIRACY TO COMMIT BURGLARY OF A DWELLING AND SENTENCED TO 5 YEARS OF POST-RELEASE SUPERVISION; COUNT IV - ARMED ROBBERY AND SENTENCED TO 35 YEARS WITH 15 YEARS TO SERVE AND 20 YEARS OF POSTRELEASE SUPERVISION; COUNT V - KIDNAPING AND SENTENCED TO SERVE 5 YEARS OF POST-RELEASE SUPERVISION FOR A TOTAL OF 35 YEARS TO SERVE ALL IN THE CUSTODY OF THE MDOC AND SIXTY YEARS OF POST-RELEASE SUPERVISION
District Attorney: DEE BATES
Case Number: 02-182-MS
  Party Name: Attorney Name:  
Appellant: Robert Kent Hardin




 DAVID FITZGERALD LINZEY



  
Appellee: State of Mississippi OFFICE OF ATTORNEY GENERAL: CHARLES W. MARIS, BILLY L. GORE  
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Topic: Burglary, Conspiracy, Armed robbery & Kidnaping - Sufficiency of evidence - Identification - M.R.E. 801(d)(1)(A)
Summary of the Facts: Robert Hardin was convicted on two counts of burglary of a dwelling, one count of conspiracy to commit burglary of a dwelling, one count of armed robbery, and one count of kidnaping. He was sentenced to twenty-five years on count one, twenty-five years on count two, five years on count three, thirty-five years on count four, and five years on count five. He appeals.
Summary of Opinion Analysis: Hardin argues that no prosecution witness ever identified him as the person who was with Wallace, his co-conspirator, the day the crimes were committed. It is clear from the transcript that the prosecution expected Wallace to identify Hardin as his co-conspirator and to connect Hardin to each of the crimes. When Wallace recanted his story, the prosecution was left with a difficult task of proving Hardin’s identity and connection to the crimes without Wallace testifying consistent with his statement to the officer. Wallace testified that Hardin was not the one who committed the crimes with him. The prosecutor then questioned Wallace about his guilty plea, where he identified Robert Hardin as his co-conspirator. The prosecution offered, without objection by the defense counsel, the taped statement given by Wallace to the investigator shortly after Wallace was arrested. The taped statement implicates Hardin as his cohort. Hardin argues that Wallace’s testimony in court is inconsistent with the statement given on the tape, and the recorded statement is internally inconsistent. M.R.E. 801(d)(1)(A) provides that a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is inconsistent with his testimony, and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition. Thus, Wallace’s testimony that he previously pled guilty and as part of the plea testified under oath that he “conspired with Robert Kent Hardin to commit these crimes” is sufficient to identify Hardin as a participant in the crimes.


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