Rogers v. State
| Docket Number: | 2002-KA-01814-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Grand larceny - Peremptory instruction - Sufficiency of evidence - Preliminary hearing Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-18-2002 Appealed from: Scott County Circuit Court Judge: Vernon Cotten Disposition: CONVICTION OF GRAND LARCENY AND SENTENCE OF FIVE YEARS IN THE CUSTODY OF THE MDOC District Attorney: Mark Sheldon Duncan Case Number: 01-CR-076-SC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mark Dane Rogers |
EDMUND J. PHILLIPS
P. SHAWN HARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Peremptory instruction - Sufficiency of evidence - Preliminary hearing |
| Summary of the Facts: | Mark Rogers was convicted of grand larceny and sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Peremptory instruction Rogers argues that the court erred in refusing to grant a peremptory instruction and an instruction informing the jury that it cannot place any significance on the fact he chose not to testify. The jury was given an instruction which substantially covered the matter addressed by Rogers's instruction. Therefore, there is no error. Issue 2: Sufficiency of evidence Rogers argues that the State’s failure to prove beyond a reasonable doubt that the amount of money stolen was $250 or more limited the jury to finding him either innocent or guilty of nothing more than petit larceny. The State offered ample evidence in support of Rogers’s conviction. The cashier testified that she observed Rogers take money from the cash register, and the store’s owner testified that after the robbery, her accounting showed that the register was short by $280.74. Therefore, the jury was justified in finding Rogers guilty of grand larceny. Issue 3: Preliminary hearing Rogers argues that the court erred in failing to quash the indictment due to the State’s failure to provide him a preliminary hearing. Once the indictment occurs, even if a preliminary hearing has not been provided, the question of the denial of a preliminary hearing becomes moot. Therefore, the issue became moot once Rogers was indicted. |
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