Page v. State
Docket Number: | 2007-KA-00427-SCT | |
Supreme Court: | Opinion Link Opinion Date: 09-18-2008 Opinion Author: DICKINSON, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Conspiracy to commit drive-by shooting - Procedural bar Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, GRAVES, RANDOLPH AND LAMAR, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 05-23-2006 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Count I: Conviction of conspiracy to commit a drive by shooting and sentence of five (5) years in the custody of the Mississippi Department of Corrections. Sentence in Count l shall run consecutively with the sentence in Count lll. Count II: Conviction of drive by shooting and sentence of five (5) years in the custody of the Mississippi Department of Corrections. Sentence in Count ll shall run consecutively with sentence in Count I. Count III: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections. District Attorney: Anthony J. Buckley Case Number: 2005-56-KR2B |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | ZACHARISE PAGE a/k/a ZACKERISE PAGE |
MICHAEL DUANE MITCHELL |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD |
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. |
Topic: | Conspiracy to commit drive-by shooting - Procedural bar |
Summary of the Facts: | Zacharise Page was convicted of conspiracy to commit drive-by shooting, driveby shooting, and murder. He appeals. |
Summary of Opinion Analysis: | Page moved for a directed verdict at the close of the State’s case-in-chief. This motion was denied. Page then presented evidence on his own behalf. At the conclusion of all evidence, Page did not renew his motion for directed verdict. Only after the jury was instructed and the case was submitted to them did Page attempt to renew his motion for directed verdict. Therefore, he failed to preserve the issue of the trial court’s denial of his motion. In addition, the record does not contain a motion for judgment notwithstanding the verdict or a motion for new trial. He is thus procedurally barred from raising on direct appeal the issues which should have been raised in the trial court. |
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