Harris v. State
| Docket Number: | 2010-KA-01063-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-16-2011 Opinion Author: Roberts, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Burglary - Sufficiency of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 05-13-2010 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: CONVICTED OF BURGLARY AND SENTENCED AS A HABITUAL OFFENDER TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Dee Bates Case Number: 09-294-LS |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth H. Harris |
W. DANIEL HINCHCLIFF |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
|
|
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. |
|
| Topic: | Burglary - Sufficiency of evidence |
| Summary of the Facts: | Kenneth Harris was convicted of burglary and sentenced, as a habitual offender, to seven years without eligibility for parole or probation. He appeals. |
| Summary of Opinion Analysis: | Harris argues that there was insufficient evidence of the “breaking” element of burglary. According to Harris, there was no evidence that he opened the door to the victims’ shed. Harris further argues that there was no evidence the door to the shed was shut when the victims left their home that evening. To constitute burglary, a structure must generally be closed. Otherwise the entry is merely a trespass, not a ‘breaking’ and a burglary. However, any effort, however slight, such as the turning of a doorknob to enter, constitutes a breaking. Even if the door was unlocked or if only slight force was needed to gain entry, such entry has been viewed as forcible for the purposes of our burglary statute. Here, the victim testified that a toolbox was missing after Harris fled and that a shelf inside the storage room had been knocked over. The jury also heard testimony that Harris was not able to turn on a light inside the storage room. That testimony corroborated the victim’s testimony that the flourescent light inside the storage room was malfunctioning at the time. Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that Harris opened the closed storage-room door, knocked over a shelf, and stole the toolbox. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
