Watson v. State
| Docket Number: | 2004-KA-01745-COA Linked Case(s): 2004-CT-01745-SCT ; 2004-KA-01745-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Myers, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Felony shoplifting - Amendment of indictment - Improper sentence - Jury instruction - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-27-2004 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: CONVICTION OF FELONY SHOPLIFTING AND SENTENCED TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: 2003-109 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Katrina Watson |
SEPHEN NICK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Felony shoplifting - Amendment of indictment - Improper sentence - Jury instruction - Sufficiency of evidence |
| Summary of the Facts: | Katrina Watson was convicted of felony shoplifting and sentenced to five years. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of indictment Following selection of the jury the prosecution moved to amend the indictment as to form and not substance. The indictment was titled “Felony Shoplifting 97-23-93 (1 & 5) (over $250).” The amendment offered by the prosecution was to change section 5, which relates to merchandise less than or equal to $250, to section 7 dealing with merchandise over $250. Watson argues that the indictment was by statute misdemeanor shoplifting and her offer to plead guilty to that charge should have been accepted. The indictment provided Watson with notice that she had been charged with felony shoplifting. Watson’s indictment clearly states that she is charged with felony shoplifting of items that have a value over $250 both in the title and in the body. Issue 2: Improper sentence Watson argues that due to the errors in her indictment her sentence was improper. Watson was convicted of shoplifting $487 worth of items and sentenced to a term of five years. The sentence of five years in prison imposed on Watson does not exceed the maximum allowed by statute; therefore, it is not error. Issue 3: Jury instruction Watson argues that her No. 3 jury instruction should have been given. This instruction was an exact rendition of section 97-23-93 (2). Watson’s proposed instruction did not raise any different theory of the case or other point of law not contained in the prosecution’s instruction. Additionally, the prosecution’s instruction is given in narrative format that can be more easily understood by the jury, as opposed to the exact quoting of the statute. Issue 4: Sufficiency of evidence Watson argues that the evidence against her consisted primarily of the videotape from the surveillance camera. The evidence presented at trial included the videotape from the surveillance camera and the testimony of two witnesses who testified that Watson was one of the two people seen on the video taking clothes into the changing rooms of the store and finding the items taken into the dressing room in the McRae’s bag. This evidence was sufficient to support the decision of the jury. |
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