 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Forkner v. State11/30/2004
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 11/30/2004
. On October 26, 2000, Winfred "Wimp" Forkner and April Harrison were indicted on two counts of burglary of a storehouse, in violation of Mississippi Code Annotated § 97-17-33 (Rev. 2000). Forkner was charged as a habitual offender, pursuant to Mississippi Code Annotated § 99-19-83 (Rev. 2000) and was convicted on Count I of the indictment. Forkner was sentenced to life without parole and appeals his conviction raising the following eight issues:
I. WHETHER THE INDICTMENT WAS DEFECTIVE.
II. WHETHER THE TRIAL COURT ERRED BY RECESSING OVER THE WEEKEND.
III. WHETHER APRIL HARRISON'S TESTIMONY WAS INSUFFICIENT TO SUPPORT THE JURY'S VERDICT.
IV. WHETHER THE COURT ERRED IN GRANTING THE STATE'S INSTRUCTION S-7.
V. WHETHER THE PROSECUTOR'S REMARKS IN HIS OPENING STATEMENT WERE IMPROPER.
VI. WHETHER THE TRIAL COURT ERRED IN GRANTING THE STATE'S MOTION TO AMEND THE INDICTMENT.
VII. WHETHER THE COURT ERRED IN DENYING APPELLANT'S MOTION FOR DIRECTED VERDICT, A PEREMPTORY INSTRUCTION, OR A JUDGMENT NOTWITHSTANDING THE VERDICT.
VIII. WHETHER THERE ARE CUMULATIVE ERRORS WHICH REQUIRE REVERSAL.
. For the reasons set forth below, we find no merit to any of these assignments of error and affirm.
STATEMENT OF FACTS
. On October 26, 2000, Winfred "Wimp" Forkner and April Harrison were indicted on two counts of burglary of a storehouse, in violation of Mississippi Code Annotated § 97-17-33. The indictment was the result of a late night theft spree which occurred in late August or early September, 2000 in which Forkner and Harrison traveled to hunting camps in the Wilkinson County area, stealing air conditioning units from the camps and selling the stolen goods. The stolen air conditioning units belonged to the hunting camps of Eric Trevillion, located on Bowling Green Road in Wilkinson County and Hobb's Hunting Club, also located on Bowling Green Road.
. At trial, Harrison testified that she accompanied Forkner to the first hunting camp on Bowling Green Road where Forkner stopped the vehicle by the gate to the camp and loaded an air conditioner, which was lying close to the gate at the entrance of the hunting camp, into the vehicle's trunk. The pair then drove to St. Francisville, Louisiana and sold the air conditioning unit for $85. Harrison and Forkner then returned to Bowling Green Road and stole a second air conditioning unit. Harrison testified that Forkner used a screwdriver to pry the air conditioning unit from the window in which it was mounted, placed the unit into the trunk of the car, and drove to his niece's house, located at Sugar Hill. His niece, Linda Davis, and her husband purchased the air conditioning unit for $40. There was conflicting testimony as to whether Forkner or a "Mr. Green" sold the air conditioner to Davis. The air conditioning unit Davis purchased was subsequently recovered by the Wilkinson County Sheriff's Department.
. On February 21, 2001, Forkner's indictment was amended to charge Forkner as a habitual offender pursuant to Mississippi Code Annotated § 99-19-83. The jury returned a verdict of guilty on Count I in the indictment and could not return a verdict on Count II. On February 28, 2001, Forkner was sentenced to life without parole in accordance with Mississippi Code Annotated § 99-19-83. On March 8, 2001, Forkner filed his motion for judgment notwithstanding the verdict, or in the alternative, motion for a new trial. Forkner's motion was denied in an order dated March 9, 2001. From this guilty verdict, Forkner
Page 1 2 3 4 5 6 7 8 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|