Stone v. State


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Docket Number: 2002-KA-01019-COA
Linked Case(s): 2002-KA-01019-COA

Court of Appeals: Opinion Link
Opinion Date: 11-04-2003
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Grand larceny & Theft of motor vehicle - Sufficiency of evidence - Motion to sever - Circumstantial evidence instruction - Prior bad acts - Testimony by judge - M.R.E. 605
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-21-2002
Appealed from: DeSoto County Circuit Court
Judge: George B. Ready
Disposition: COUNT I UNLAWFUL TAKING OF AN AUTOMOBILE SENTENCED TO SERVE A TERM OF 5 YEARS IN THE CUSTODY OF MDOC, COUNT II GRAND LARCENY SENTENCED TO SERVE A TERM OF 5 YEARS IN THE CUSTODY OF MDOC TO RUN CONSECUTIVELY TO COUNT I.
District Attorney: John W. Champion
Case Number: 2001-703RD

  Party Name: Attorney Name:  
Appellant: Derrick Leon Stone a/k/a Derrick Andre Stone




JACK R. JONES



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Grand larceny & Theft of motor vehicle - Sufficiency of evidence - Motion to sever - Circumstantial evidence instruction - Prior bad acts - Testimony by judge - M.R.E. 605

Summary of the Facts: Derrick Stone was convicted of grand larceny and theft of a motor vehicle. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Stone argued that the evidence was insufficient to tie him to the theft of the trailer. However, there is ample evidence to tie him to the crime. A police sergeant identified Stone as one of the individuals whom he had seen trying to detach the trailer from the pickup truck, and an employee of Baker and Howell Equipment testified that the trailer belonged to the company which had not authorized Stone to take it. Issue 2: Motion to sever Stone argues that the court erred in denying his motion to sever the counts of grand larceny and auto theft. A multi-count indictment is permissible if the offenses are based on the same act or transaction, if the offenses are so connected together to constitute a single transaction or occurrence, or if the offenses constitute parts of a common scheme or plan. In this case, the evidence shows a common scheme to obtain a pickup truck with which to steal equipment from Baker and Powell Equipment. Issue 3: Circumstantial evidence instruction Stone argues that the court erred in refusing his proposed circumstantial evidence instruction. A circumstantial evidence instruction is only proper when the State's evidence supporting a conviction is completely circumstantial. Here, there was eyewitness testimony which put Stone at the scene of the theft of the trailer, and Stone himself admitted that he was present at the scene of the crime. Issue 4: Mistrial Stone argues that the court erred in denying his motion for a mistrial after testimony going to prior bad acts. Not only had the jury not explicitly heard testimony as to Stone's previous charges, but Stone himself testified that he had been in court on other charges. Therefore, the court did not err in denying the motion for a mistrial. Issue 5: Preliminary hearing Stone argues that the court erred in overruling his motion to exclude the testimony of the municipal judge who presided at his initial appearance. M.R.E. 605 does not preclude a judge's testimony in subsequent proceedings concerning what occurred in a previous proceeding. In addition, the municipal judge was not able to recall statements that countered Stone's version of events.


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