Spearman v. State
| Docket Number: | 2010-KA-00281-COA Linked Case(s): 2010-KA-00281-COA ; 2010-CT-00281-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Maxwell, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Auto theft - Defective indictment - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-11-2010 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF AUTO THEFT AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FIVE YEARS OF POST-RELEASE SUPERVISION District Attorney: Brenda Fay Mitchell Case Number: 2009-034-CR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Keith Spearman |
HUNTER NOLAN AIKENS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Auto theft - Defective indictment - Weight of evidence |
| Summary of the Facts: | Keith Spearman was convicted of auto theft and sentenced to five years’ imprisonment and five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Spearman argues that because his indictment did not contain two phrases found in the auto-theft statute— “without authority” and “with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership”—his indictment was fatally defective. An indictment must contain the essential elements of the offense charged, sufficient facts to fairly inform the defendant of the charge against which he must defend, and sufficient facts to enable him to plead double jeopardy in the event of a future prosecution for the same offense. Where the language used in the indictment is sufficiently specific to give notice of the act made unlawful, and exclusive enough to prevent its application to other acts, it is sufficient. The top of Spearman’s indictment specifically informed him he was charged with “AUTO THEFT MCA Section 97-17-42.” It further alleged, “Keith Spearman . . . did, wilfully, unlawfully and feloniously take possession of or take away a motor vehicle, a red Chevrolet commercial truck, the property of Fleming Lumber Co., Inc., a corporation, d/b/a Fleming Lumber Co. . . . .” Thus, it was sufficient. The terms “willfully, unlawfully and feloniously” are synonymous with “without authority.” Omission of the terms “temporary” and “permanent” do not render the indictment defective because the statute makes clear that any possession or taking—albeit temporary or permanent—suffices to establish auto theft. The terms “convert” or “deprive the owner of possession,” which Spearman claims are fatally absent, have the same meaning as the language present in Spearman’s indictment. Issue 2: Weight of evidence Spearman argues the verdict is not supported by the weight of the evidence. Viewing the evidence in the light most favorable to the verdict, three witnesses testified seeing Spearman driving Fleming’s truck. Witnesses also testified Spearman fled from the police at a gas station in Drew where the truck was parked. And Spearman admitted to the officer that he had tried the truck handle and found the truck unlocked with the keys in the ignition. |
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