Walters v. State
| Docket Number: | 2004-KA-01788-COA Linked Case(s): 2004-CT-01788-SCT ; 2004-KA-01788-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-14-2006 Opinion Author: Ishee, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Armed carjacking & Aggravated assault - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-23-2004 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: CONVICTED OF ARMED CARJACKING: SENTENCED TO TWENTY YEARS IN CUSTODY OF MDOC; CONVICTED OF AGGRAVATED ASSAULT: SENTENCED TO TWENTY YEARS IN CUSTODY OF MDOC; SENTENCES TO RUN CONCURRENTLY District Attorney: Laurence Y. Mellen Case Number: 2004-0014 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Walters a/k/a "Big Mike" |
DAVID LYDELL TISDELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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 carjacking & Aggravated assault - Sufficiency of evidence |
| Summary of the Facts: | Michael Walters was convicted of one count of armed carjacking and one count of aggravated assault. He was sentenced to twenty years for each count, with the sentences to run concurrently. He appeals. |
| Summary of Opinion Analysis: | Walters argues that the judgment and sentence was against the overwhelming weight of the evidence and insufficient as a matter of law to sustain both convictions. The victim described his assailant as an African American male weighing approximately 250-265 pounds. Walters fit this description. Walters’s two-tone blue car fit the description of the one seen following the victim on the night of the carjacking. Witnesses testified to seeing Walters driving a maroon Chevrolet sedan that day, which matches the description of the vehicle stolen in the carjacking. The victim additionally testified to being held at gunpoint by his assailant, and subsequently being shot in the thigh, after which he was admitted to the hospital. Police further found a .380 caliber shell casing at the scene of the incident. This evidence is sufficient to support both convictions. |
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