Jasper v. State


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Docket Number: 2002-KA-00317-COA
Linked Case(s): 2002-CT-00317-SCT ; 2002-CT-00317-SCT ; 2002-CT-00317-SCT ; 2002-KA-00317-COA

Court of Appeals: Opinion Link
Opinion Date: 07-29-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: Felony shoplifting - Habitual offender status - Privileged information - Lesser-included offense instruction
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-08-2002
Appealed from: Wayne County Circuit Court
Judge: Robert Bailey
Disposition: FELONY SHOPLIFTING: DEFENDANT SENTENCED AS AN HABITUAL OFFENDER UNDER 99-19-81 TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND $1,000 FINE.
District Attorney: Bilbo Mitchell
Case Number: 01-132-K

  Party Name: Attorney Name:  
Appellant: Steve Jasper




LESLIE D. ROUSSELL



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Felony shoplifting - Habitual offender status - Privileged information - Lesser-included offense instruction

Summary of the Facts: Steve Jasper was found guilty of felony shoplifting and sentenced as an habitual offender to five years. He appeals.

Summary of Opinion Analysis: Issue 1: Habitual offender status Jasper argues that the court erred by sentencing him as an habitual offender, because the State did not prove that he had two prior felonies serving one year or more in prison. To establish Jasper's habitual status, the State introduced certified copies of three "pen packs." There was no objection to the admission of these pen packs, and the court properly found that Jasper had been convicted of at least two felonies prior to this charge. Issue 2: Privileged information Jasper argues that the court erred by allowing a deputy to testify, although his name was not disclosed until the morning of trial and his testimony went into matters of privileged information. On the morning of trial, Jasper was informed that the deputy would testify and of the substance of his testimony, but Jasper announced ready for trial anyway. In addition, the statement Jasper argues was privileged was not made in response to Jasper being questioned by the officer, and was not made under privileged circumstances. Issue 3: Lesser-included offense instruction Jasper argues that the court erred by failing to give a lesser-included-offense jury instruction, because the jury could have reasonably concluded that the actual air conditioner taken was less than $250 in value. A lesser-included-offense instruction should only be given if the court is of the opinion that such an instruction is justified by the evidence. Because the State presented evidence that the air conditioner found in the trunk of the vehicle sold for $379, the instruction was properly refused.


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