Cabrere v. State
| Docket Number: | 2004-KA-02210-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-07-2006 Opinion Author: Chandler, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Robbery - Admission of radio log - M.R.E. 803(6) - Admission of 911 transcript - M.R.E. 803(1) - M.R.E. 803(2) - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-25-2004 Appealed from: Panola County Circuit Court Judge: Ann H. Lamar Disposition: CONVICTION OF ROBBERY - SENTENCED TO SERVE A TERM OF SEVEN YEARS IN THE CUSTODY OF MDOC. THE SENTENCE IMPOSED SHALL RUN CONSECUTIVELY WITH ANY AND ALL SENTENCES PREVIOUSLY IMPOSED. UPON RELEASE FROM THE TERM OF INCARCERATION, DEFENDANT PLACED UNDER A TERM OF FIVE YEARS POST-RELEASE PROBATION. District Attorney: John W. Champion Case Number: CR-2004-124-LP2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Andre Charles Cabrere |
DAVID CLAY VANDERBURG |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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| Topic: | Robbery - Admission of radio log - M.R.E. 803(6) - Admission of 911 transcript - M.R.E. 803(1) - M.R.E. 803(2) - Sufficiency of evidence |
| Summary of the Facts: | Andre Cabrere was convicted of robbery and sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of radio log Cabrere argues that the court erred in admitting the radio log of the 911 call from the jewelry store containing information describing the robber, the location of the robbery, and location and description of the car in which the robber fled and describing what law enforcement officers perceived and what actions they took following the report of the robbery. The radio log was a record of regularly conducted business activity. It was therefore admissible under M.R.E. 803(6), the business records exception to the hearsay rule. Issue 2: Admission of 911 transcript Cabrere argues that the court erred in admitting the transcript of the 911 call that was made to the Batesville Police Department immediately after the robbery. The transcript was admissible under two hearsay exceptions, M.R.E. 803(1), the present sense impression exception, and M.R.E. 803(2), the excited utterance exception. Issue 3: Sufficiency of evidence Cabrere argues that the facts of the case do not support a robbery conviction because there was no evidence proving that he took the rings against the will of the store clerk and by violence. When the victim is aware that someone is attempting to take property from their person and does not indicate any consent to the taking, the crime of pickpocketing or larceny is elevated to robbery because violence or the threat of violence, even though slight, was a factor in the taking. In the present case, the facts support a conviction of robbery because the clerk saw and felt Cabrere take the ring off her finger. She was aware that he was taking her ring and she did not consent to the taking. |
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