Brassfield v. State

905 So. 2d 754, 2004 WL 2711068
CourtCourt of Appeals of Mississippi
DecidedNovember 30, 2004
Docket2003-KA-01550-COA
StatusPublished
Cited by5 cases

This text of 905 So. 2d 754 (Brassfield v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brassfield v. State, 905 So. 2d 754, 2004 WL 2711068 (Mich. Ct. App. 2004).

Opinion

905 So.2d 754 (2004)

Undraneckic Desmond BRASSFIELD a/k/a Undraneckio Desmond Brassfield, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2003-KA-01550-COA.

Court of Appeals of Mississippi.

November 30, 2004.

*755 Edmund J. Phillips, Newton, attorney for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before BRIDGES, P.J., CHANDLER and GRIFFIS, JJ.

CHANDLER, J., for the Court.

¶ 1. Defendant Undraneckio Desmond Brassfield was found guilty of carjacking, four counts of kidnapping, and armed robbery. Brassfield does not contest the validity of these guilty verdicts but raises two issues on appeal:

I. WHETHER THE COURT ERRED IN OVERRULING BRASSFIELD'S OBJECTION TO THE JURY RECEIVING AN AIDING AND ABETTING INSTRUCTION
II. WHETHER THE TRIAL COURT JUDGE ABUSED HIS DISCRETION IN OVERRULING THE DEFENDANT'S OBJECTION TO PROSECUTION'S QUESTIONING OF A WITNESS

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. Emily Harrison was vacuuming her SUV, when defendant Undraneckio Brassfield accosted Emily from behind with a gun and told her and her three children to get in the vehicle. Someone else also got in the front seat with Brassfield. With Brassfield, his accomplice, and the four victims in the car, they drove down a country road. Brassfield and his accomplice stopped the SUV and told Emily and the children to kneel in a ditch. Afterwards, Brassfield and his accomplice went to a convenience store, where they held up the store, fired shots, and stole money. On this evidence, and much more, the jury found Brassfield guilty of all the charges for which he had been indicted. The charges included one count of carjacking, four counts of kidnapping, and one count of armed robbery.

ANALYSIS

I. WHETHER THE COURT ERRED IN OVERRULING BRASSFIELD'S OBJECTION TO THE JURY RECEIVING AN AIDING AND ABETTING INSTRUCTION

¶ 4. Brassfield argues that this Court should grant a new trial because the *756 trial court erred in giving the jury an aiding and abetting instruction. Over Brassfield's objection, the court gave jury instruction S-4 for the State, which reads as follows:

The Court instructs the jury that the guilt of a defendant in a criminal case may be established without proof that the defendant personally did every act constituting the offense alleged. The law recognizes that, ordinarily, anything a person can do for himself may also be accompanied by that person through the direction of another person as his or her agent, by acting in concert with, or under the direction of, another person or persons in a joint effort or enterprise. If another person is acting under the direction of the defendant or if the defendant joins another person and performs acts with the intent to commit a crime, the law holds the defendant responsible for the acts and conduct of such other persons just as though the defendant had committed the acts or engaged in such conduct.
Before any defendant may be held criminally responsible for the acts of others it is necessary that the accused deliberately associate himself in some way with the crime and participate in it with the intent to bring about the crime.
Of course, mere presence at the scene of the crime and knowledge that a crime is being committed are not sufficient to establish that a defendant either directed or aided and abetted the crime unless you find beyond a reasonable doubt that the defendant was a participant and not merely a knowing spectator.
In other words, you may not find any defendant guilty unless you find beyond a reasonable doubt that every element of the offense as defined in these instructions was committed by some person or persons, and that the defendant voluntarily participated in its commission with the intent to violate the law.

¶ 5. The Mississippi Supreme Court first addressed the appropriateness of giving an aiding and abetting instruction in Hornburger v. State, 650 So.2d 510, 514-15 (Miss.1995). In Hornburger, the aiding and abetting instruction erroneously allowed a jury to find the accused guilty as a principal if found doing "any act which is an element of the crime." Id. at 514. The Hornburger court found this jury instruction erroneous because it could allow the jury to convict the defendant even if only one element of the crime charged was proven. However, the court found the erroneous jury instruction to be harmless error because the other jury instructions provided that the State had to prove every element of the crime beyond a reasonable doubt. Id. at 515.

¶ 6. In Berry v. State, 728 So.2d 568 (Miss.1999), the Mississippi Supreme Court held that the aiding and abetting instruction in question rose to the level of reversible error. The jury's instruction in Berry reads as follows:

The Court instructs the jury that each person present at the time, and consenting to and encouraging the commission of a crime, and knowingly, willfully and feloniously doing any act which is an element of the crime, or immediately connected with it, or leading to its commission, is a principal.
One who aids, assists and encourages a transfer of cocaine is a principal and not an accessory, and his guilt in no wise depends upon the guilt or innocence, the conviction or acquittal of any other alleged participant in the crime. Therefore if you believe from the evidence, beyond a reasonable doubt, that Merlinda Berry did willfully, unlawfully and feloniously do any act which is an element of the crime of transfer of cocaine, *757 as defined by the Court's instructions, or immediately connected with it, or leading to its commission, then and in that event, you should find Merlinda Berry guilty of transfer of cocaine as charged in the indictment.

Id. at 570(¶ 4).

¶ 7. The Berry court held that the aiding and abetting instruction was clear error because the other jury instructions informed the jury of the all elements of the crime for which Berry was charged and the State's burden of proof. In addition, the aiding and abetting instruction appeared to give the jury an additional option of finding the defendant guilty if she committed only one element of the crime without finding that the crime was ever completed. Id. at 571(¶ 9). Unlike Hornburger, the court found that the aiding and abetting instruction was reversible error. Reversible error was present because, despite reading all of the instructions together, the jury could be misled into believing that the aiding and abetting instruction gave the jury another option of finding the defendant guilty in addition to the choice of finding that Berry committed all of the elements of the crime herself. Such a jury instruction is confusing and misleading and requires reversal. Id. (citing Brazile v. State, 514 So.2d 325, 326 (Miss.1987)).

¶ 8. The Mississippi Supreme Court followed the logic it enunciated in Berry when it reversed an aiding and abetting jury instruction in Lester v. State, 744 So.2d 757, 760(¶ 9) (Miss.1999). "[I]t [the aiding and abetting instruction] gives the jury an option to convict Lester based solely upon his doing any act which is an element of the crime without relating that act to liability for the commission of the crime itself by requiring the jury find him to have been present and consenting to and encouraging that crime."

¶ 9.

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Bluebook (online)
905 So. 2d 754, 2004 WL 2711068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brassfield-v-state-missctapp-2004.