Jones v. State


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Docket Number: 2003-CT-00083-SCT
Linked Case(s): 2003-CT-00083-SCT ; 2003-KA-00083-COA ; 2003-KA-00083-COA

Supreme Court: Opinion Link
Opinion Date: 03-31-2005
Opinion Author: Waller, P.J.
Holding: The Judgment of the Court of Appeals is Reversed. Conviction of Attempted Burglary of a Dwelling and Sentence of Twenty Five (25) Years in the Custody of the Mississippi Department of Corrections, with no Benefit from Good Time or Administrative Reduction of Sentence, Affirmed.

Additional Case Information: Topic: Attempted burglary - Other crimes’ evidence - M.R.E. 404(b) - M.R.E. 403 - Sufficiency of evidence - Peremptory challenges
Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Graves, J.
Concurs in Result Only: Randolph, J.
Nature of the Case: CRIMINAL - FELONY
Writ of Certiorari: Granted
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 12-17-2002
Appealed from: Tate County Circuit Court
Judge: Andrew C. Baker
Disposition: Convicted of attempted burglary and was sentenced as a habitual offender to 25 years in prison.
District Attorney: John W. Champion
Case Number: CR2002-21-B-T

Note: The Court of Appeals unanimously reversed and remanded for a new trial after finding that evidence of prior crimes was improperly admitted into evidence without a offering the factual background of each of the prior offenses. The State raised one issue in its petition for writ of certiorari, contending that the convictions were offered only to show intent rather than modus operandi and that introducing the factual background of the convictions would have been grounds for reversal. The supreme court reversed the court of appeals’ judgment, addressed Jones’ two remaining issues and reinstated and affirmed the circuit court’s judgment of conviction and sentence.

  Party Name: Attorney Name:  
Appellant: Jessie Frank Jones




DAVID L. WALKER TOMMY W. DEFER



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR.  

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Topic: Attempted burglary - Other crimes’ evidence - M.R.E. 404(b) - M.R.E. 403 - Sufficiency of evidence - Peremptory challenges

Summary of the Facts: Jesse Jones was convicted of attempted burglary and was sentenced as a habitual offender to 25 years. The Court of Appeals reversed and remanded for a new trial after finding that evidence of prior crimes was improperly admitted into evidence without a offering the factual background of each of the prior offenses. The Supreme Court granted certiorari.

Summary of Opinion Analysis: Issue 1: Other crimes’ evidence The State argues that the convictions were offered only to show intent rather than modus operandi and that introducing the factual background of the convictions would have been grounds for reversal. Under M.R.E. 404(b), evidence or proof of a prior crime or bad act is admissible where it is necessary to show identity, knowledge, intent, motive or to prove scienter. Where a trial court determines that potentially prejudicial evidence possesses sufficient probative value, it is within that court's sound discretion whether or not to admit same, since M.R.E. 403 does not mandate exclusion but rather provides that the evidence may be excluded. Here, the State introduced evidence of Jones’ prior convictions for burglary and attempted burglary solely for the purpose of proving his intent to commit larceny in the home in this case. The prosecutor called the clerk of the circuit court as a witness and asked if the records indicated whether the offenses charged that the crimes were carried out with the intent to commit larceny. The clerk responded affirmatively. Evidence regarding the underlying facts of each conviction is irrelevant in this case. The convictions were introduced to show intent. Intent was shown by the fact that Jones admitted (by pleading guilty) to five prior burglaries and to one attempted burglary. The prior convictions tend to prove, along with other facts, that Jones’ intent was to burglarize the house, not to obtain help. The underlying facts of the six prior convictions were irrelevant to the issue of intent, and the circuit court would have erred if it had admitted such evidence. Issue 2: Sufficiency of evidence Jones argues that the evidence is insufficient. Jones was seen with a knife outside the victim’s house. Then he began banging on the front door with such force that objects on the walls of the entrance hall crashed to the floor and the peephole which had been installed in the door was catapulted out of the door. No reasonable person with a broken down car who needed help would approach a house in the same manner. From these facts, any rational juror could have found beyond a reasonable doubt that all of the elements had been met by the State in proving attempted burglary of a dwelling. Issue 3: Peremptory challenges Jones, an African-American, argues that the State’s exercise of its first three peremptory strikes against African-Americans shows racial bias. Jones failed to preserve the record for the voir dire. The record shows that the State used peremptory strikes against three African-Americans but four African-Americans were seated on the jury. These facts do not create a reasonable inference of purposeful discrimination.


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