Boyd v. State
| Docket Number: | 2011-KA-00457-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2012 Opinion Author: Maxwell, J Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony shoplifting - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ. Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-04-2011 Appealed from: Oktibbeha County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF FELONY SHOPLIFTING, THIRD OFFENSE, AND SENTENCED AS A HABITUAL OFFENDER TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR WEEKEND PASSES, PAROLE, PROBATION, OR EARLY RELEASE OF ANY KIND District Attorney: Forrest Allgood Case Number: 2010-0217-CRK |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Boyd a/k/a Robert Ellis Boyd a/k/a Bo Diddly |
LESLIE S. LEE
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Felony shoplifting - Weight of evidence |
| Summary of the Facts: | Robert Boyd was convicted of felony shoplifting and was sentenced to five years, without eligibility for weekend passes, parole, probation, or early release of any kind. He appeals. |
| Summary of Opinion Analysis: | Boyd argues that the jury’s guilty verdict is contrary to the overwhelming weight of the evidence. Boyd does not contest the State’s evidence of his two previous felony-shoplifting convictions. Nor does he challenge the previous shoplifting convictions underlying the felony shoplifting charge in this case. Instead he claims his conviction for shoplifting should be reversed because: the store clerk did not physically see Boyd take anything from the store; the missing clothing was never recovered or admitted into evidence; and the video did not clearly show the person on the video was Boyd. Surveillance video from the Book Mart heist showed a man taking two shirts and concealing them in his pants. The store clerk identified Boyd as the man in the video. And the next day employees found two empty hangers on the rack where Boyd had taken the shirts. Thus, the jury was free to draw the reasonable inferences that the video depicted Boyd shoplifting. |
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