Pierce v. State
| Docket Number: | 2010-KA-01625-COA Linked Case(s): 2010-KA-01625-COA ; 2010-CT-01625-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Grand larceny - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Maxwell, J., concurs in part and in the result without separate written opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-20-2010 Appealed from: Tate County Circuit Court Judge: James McClure, III Disposition: CONVICTED OF GRAND LARCENY AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF COR REC TIONS District Attorney: John W. Champion Case Number: CR2010-34-M-T |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jaire T. Pierce, Jr. a/k/a Jairie T. Pierce, Jr. a/k/a Jairie Theodore Pierce, Jr. |
DAVID L. WALKER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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: | Grand larceny - Weight of evidence |
| Summary of the Facts: | Jaire Pierce, Jr. was convicted of grand larceny and sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Pierce argues that the guilty verdict was against the overwhelming weight of the evidence. Pierce claims there were no fingerprints at the scene that tied him to the crime. Pierce also contends that the State did not obtain a cast of tire tracks near the church and analyze whether the tracks came from Pierce’s truck’s tires. Finally, Pierce argues that there was neither a confession nor eyewitness testimony about the theft. The possession of property recently stolen is a circumstance which may be considered by the jury and from which, in the absence of a reasonable explanation, the jury may infer guilt of larceny. Pierce was apprehended four minutes after midnight in DeSoto County. The arresting officer noted that the cream stolen from the church was only partially melted, indicating that it had been thawing for only a short time. Since Pierce was caught with the stolen items such a short time after the crime could have occurred, there is an inference that he was the one who had stolen the items. Moreover, Pierce’s explanation of how he came to possess the stolen items is not credible. Even on its own terms, the story is improbable, and it was not corroborated even though Pierce identified at least three other people who could have done so. Thus, the jury’s verdict is not against the overwhelming weight of the evidence. |
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