Jones v. State
| Docket Number: | 2010-KA-00311-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Irving, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault - Exclusion of statement - M.R.E. 613(b) - M.R.E. 801(d)(1)(C) - Lesser-included offense instruction Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Russell, J. Concurs in Result Only: Carlton, J., concurs in result only without separate written opinion Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-01-2010 Appealed from: COAHOMA COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Case Number: 2009-0013 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tony Jones |
CHERYL ANN WEBSTER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Exclusion of statement - M.R.E. 613(b) - M.R.E. 801(d)(1)(C) - Lesser-included offense instruction |
| Summary of the Facts: | Tony Jones was convicted of aggravated assault and was sentenced to ten years, with four years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Exclusion of statement Jones argues that the circuit court erred in refusing to admit the victim’s police statement into evidence, because it was evidence of a prior inconsistent statement under M.R.E. 613(b). However, the Mississippi Supreme Court has held that when a witness admits making a prior out-of-court inconsistent statement, which has been reduced to writing, the statement should not be introduced into evidence. On cross-examination, the victim admitted that his police statement erroneously identified another person, instead of Jones, as the person who had hit him in the face; therefore, the circuit court properly excluded the statement from evidence. Jones also argues that the police statement was admissible under M.R.E. 801(d)(1)(C) as a statement of identification. However, Jones failed to make this argument or otherwise raise this issue before the circuit court which waives it on appeal. Issue 2: Lesser-included offense instruction Jones argues that the circuit court erred in refusing his request for a jury instruction on the lesser-included offense of simple assault. A lesser-included-offense instruction is authorized if a rational or reasonable jury could find the defendant not guilty of the principal offense in the indictment, but guilty of the lesser-included offense. The issue of whether there was sufficient evidence to give a simple-assault instruction hinges on whether there was any evidence from which a jury could find that the victim’s injuries were anything less than serious bodily injuries. The victim in this case testified that as a result of Jones’s assault, he sustained multiple fractures to his face, which required the insertion of five plates and twenty-two screws. He also suffered a broken jaw that required his jaw to be wired shut for two weeks. Because his injuries were serious, a reasonable jury could not have found Jones guilty of the lesser-included offense. |
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