Carter v. State
| Docket Number: | 2010-KA-00768-COA Linked Case(s): 2010-KA-00768-COA ; 2010-CT-00768-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Armed robbery - Sufficiency of evidence - Firearms-enhancement statute Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton and Russell, JJ. Concur in Part, Concur in Result 1: Roberts and Maxwell, JJ., concur in part and in the result without separate written opinion Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-25-2010 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO FIFTEEN YEARS AS A HABITUAL OFFENDER, AND SENTENCED TO TEN YEARS AS A SENTENCE ENHANCEMENT FOR THE DISPLAY AND USE OF A FIREARM AS A CONVICTED FELON DURING THE COMMISSION OF A FELONY, WITH THE SENTENCES TO RUN CONSECUTIVELY WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: B2401-2008-753 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Freddie Joe Carter |
THERESSIA A. LYONS
MOLLIE M. MCMILLIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 robbery - Sufficiency of evidence - Firearms-enhancement statute |
| Summary of the Facts: | Freddie Carter was convicted of armed robbery. He was sentenced as a habitual offender to fifteen years. Because Carter was proven to have been a convicted felon at the time of the incident and proven to have displayed and used a firearm during the commission of the armed robbery, his sentence was enhanced to include an additional ten years. He appeals. |
| Summary of Opinion Analysis: | Carter argues that the evidence is insufficient to support the jury’s verdict. While Carter offered fact witnesses to dispute the State’s theory of the case and support Carter’s alibi that he was at home on the night in question, it was the jury’s ultimate decision as to which side to believe. Carter’s corroborating witnesses consisted of, his live in girlfriend, who is also the mother of his child; his child’s grandmother; and his brother. Accordingly, it is reasonable to assume that each of Carter’s witnesses had plausible motives to protect him. The State presented strong eyewitness evidence that Carter was guilty of the crime charged, and it was not unreasonable to doubt Carter’s alibi. Carter also argues that the circuit court did not have substantial evidence to support a firearm sentence enhancement. The eyewitnesses to the crime asserted that Carter was displaying a small handgun at all times during the commission of the crime. Therefore, the circuit court’s enhancement of Carter’s sentence using the firearms-enhancement statute was not error. |
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