Brassfield v. State
| Docket Number: | 2003-KA-01550-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-30-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Carjacking, Kidnapping, & Armed robbery - Aiding and abetting instruction - Admission of testimony Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-12-2003 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTION OF COUNT VI: ARMED ROBBERY - SENTENCE OF 30 YEARS; COUNT II: KIDNAPING - SENTENCE OF 30 YEARS TO RUN CONSECUTIVELY TO SENTENCE IN COUNT VI; COUNT III: KIDNAPING - SENTENCE OF 30 YEARS TO RUN CONSECUTIVELY TO SENTENCES IN COUNTS VI AND II; COUNT IV: KIDNAPING - SENTENCE OF 30 YEARS TO RUN CONCURRENTLY WITH SENTENCES IN COUNTS VI, II, AND III; COUNT V: KIDNAPING - SENTENCE OF 30 YEARS TO RUN CONCURRENTLY WITH SENTENCES IN COUNTS VI, II, III, AND IV; COUNT I: CARJACKING - SENTENCE OF 10 YEARS TO RUN CONSECUTIVELY TO SENTENCES IN COUNTS VI, II, III, IV, AND V, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: 03-CR-072-SC-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Undraneckic Desmond Brassfield a/k/a Undraneckio Desmond Brassfield |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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| Topic: | Carjacking, Kidnapping, & Armed robbery - Aiding and abetting instruction - Admission of testimony |
| Summary of the Facts: | Undraneckio Brassfield was found guilty of carjacking, four counts of kidnapping, and armed robbery. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Aiding and abetting instruction Brassfield argues that the court erred in giving the jury an aiding and abetting instruction. Aiding and abetting instructions are erroneous when they give the jury the option of convicting the defendant without first finding that the crime was completed. Absent this deficiency, an aiding and abetting instruction does not constitute reversible error. Here, there was nothing in Brassfield’s aiding and abetting instructions stating or implying that he could be convicted without the crimes of carjacking, kidnapping and armed robbery having been completed. Brassfield also argues that the aiding and abetting instruction is error because he was never indicted for aiding and abetting. The victims were instructed not to look at Brassfield or his accomplice. Therefore, there was doubt as to whether Brassfield actually completed the crimes himself, and the aiding and abetting charge served to remind the jury that they could render a guilty verdict regardless of who completed the actual crimes. Issue 2: Admission of testimony Brassfield argues that the court abused its discretion in refusing to instruct the prosecutor to cease a certain line of questioning. Error involving the admission or exclusion of evidence is not reversible unless the error adversely affects a substantial right of a party. The court’s overruling of the objection did not affect any of Brassfield’s substantial rights. In addition, the prosecution’s line of questioning was certainly relevant for the purpose of impeaching the witness. |
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