Rogers v. State
| Docket Number: | 2004-KA-01465-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-31-2006 Opinion Author: Griffis, J. Holding: REVERSED AND REMANDED |
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| Additional Case Information: |
Topic: Possession of stolen property - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-22-2004 Appealed from: Neshoba County Circuit Court Judge: Vernon Cotten Disposition: CONVICTION OF POSSESSION OF STOLEN PROPERTY. SENTENCED TO SERVE A TERM OF FIVE YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A $1,000 FINE. MOTION FOR JNOV AND NEW TRIAL DENIED District Attorney: Mark Sheldon Duncan Case Number: 04-CR-009-NS-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | Matthew Rogers |
EDMUND J. PHILLIPS, JR. |
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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: | Possession of stolen property - Sufficiency of evidence |
| Summary of the Facts: | Matthew Rogers was convicted of possession of stolen property. He was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Rogers argues that there was insufficient evidence to convict and sentence him for possession of stolen property worth more than $500. When value is an element of a crime and there was no proof of value introduced in evidence, the State has failed to carry its burden of proof. If there is no proof as to the value of the stolen property received, the conviction and sentence can only be for possession of stolen property worth $500 or less. Both parties acknowledge that the jury was presented with absolutely no evidence to the truck’s value. Therefore, there was insufficient evidence to support a felony conviction for possession of stolen property, and the case is reversed and remanded for re-sentencing on the lesser-included offense of possession of stolen property worth $500 or less. |
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