Friley v. State
| Docket Number: | 2002-KA-00041-COA Linked Case(s): 2002-CT-00041-SCT ; 2002-CT-00041-SCT ; 2002-CT-00041-SCT ; 2002-CT-00041-SCT ; 2002-KA-00041-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Lee, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Molestation - Sexual battery - Lesser-included offense Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas and Irving, JJ. Judge(s) Concurring Separately: Southwick, P.J. Votes: McMillin, C.J. and Bridges, J. Dissenting Author : Griffis, J. Dissent Joined By : Myers and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-17-2001 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: DEFENDANT SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: C. Gilmore Martin Case Number: 00-0150-CR-P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Raymond Helton Friley, Jr. |
JANE CLELAND O'MARA
PAT MCNAMARA |
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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: | Molestation - Sexual battery - Lesser-included offense |
| Summary of the Facts: | Raymond Friley was convicted of molestation and was sentenced to fifteen years. He appeals. |
| Summary of Opinion Analysis: | Friley argues that the court erred in granting a jury instruction which authorized the jury to find Friley guilty of molestation. A lesser-included offense instruction may be given if the more serious offense includes all the elements of the lesser offense, i.e., it is impossible to commit the greater offense without at the same time committing the lesser-included offense. The indictment charged Friley with sexual battery. Molestation is not a lesser-included offense of sexual battery. To regard molestation as a lesser-included offense of sexual battery would effectively nullify the molestation statute. To allow Friley to be convicted of a crime for which he was never charged would create an injustice, and his conviction is reversed and rendered. |
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