Forrest v. State

782 So. 2d 1260, 2001 WL 291156
CourtCourt of Appeals of Mississippi
DecidedMarch 27, 2001
Docket1999-KA-01850-COA
StatusPublished
Cited by3 cases

This text of 782 So. 2d 1260 (Forrest 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
Forrest v. State, 782 So. 2d 1260, 2001 WL 291156 (Mich. Ct. App. 2001).

Opinion

782 So.2d 1260 (2001)

Richard FORREST a/k/a Richard Lamar Forrest, Appellant
v.
STATE of Mississippi, Appellee.

No. 1999-KA-01850-COA.

Court of Appeals of Mississippi.

March 27, 2001.

*1262 John H. Gaharan, Collins, Attorney for Appellant.

Office of the Attorney General By W. Glenn Watts, Jackson, Attorney for Appellee:

Before KING, P.J., BRIDGES, and THOMAS, JJ.

BRIDGES, J., for the Court:

¶ 1. This case comes from the Circuit Court of Simpson County, Honorable Robert G. Evans presiding. Richard Forrest was convicted of two counts of larceny of livestock and was sentenced to two years in the custody of the Mississippi Department of Corrections. Forrest comes now appealing his conviction on several grounds:

1. WHETHER THE CIRCUIT COURT ERRED IN NOT GRANTING FORREST'S MOTION FOR A NEW TRIAL OR IN THE ALTERNATIVE AN ACQUITTAL?
A. WHETHER THE CIRCUIT COURT ERRED IN OVERRULING THIS MOTION ON THE BASIS THAT INSUFFICIENT EVIDENCE WAS PRESENTED TO SUPPORT THE JURY VERDICT?
B. WHETHER THE CIRCUIT COURT ERRED IN DENYING FORREST'S MOTION TO SUPPRESS HIS VOLUNTARY STATEMENT?
2. WHETHER THE CIRCUIT COURT WAS MANIFESTLY WRONG IN NOT EXAMINING WHETHER FORREST'S STATUTORY AND CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL HAD BEEN VIOLATED?
3. WHETHER THE CIRCUIT COURT ERRED IN ALLOWING THE SELLER'S INVOICE INTO EVIDENCE, THEREFORE VIOLATING THE BEST EVIDENCE RULE?
4. WHETHER THE VERDICT AGAINST FORREST WAS NOT SUFFICIENTLY SUPPORTED BY THE EVIDENCE?

Finding no reversible error, we affirm.

STATEMENT OF THE FACTS

¶ 2. This case deals with a subject right out of the American West, cattle theft. On August 18, 1997, Dick Welch noticed a torn spot in one of the fences surrounding his livestock operation. He also noticed he was missing a cow. The cow was a five *1263 year-old branded black Brangus weighing 930 pounds. After a little searching, Welch discovered his cow was sold at Meadows Livestock Auction in Mize, Mississippi by a man named Richard Forrest.

¶ 3. On December 13, 1997, Bill Abernathy discovered the chain on one of the gates to his farm had been cut and he was missing two cows, a Charlais and a black Angus. He searched for his cattle and discovered them at the Meadows Livestock Auction. After finding the cattle, Abernathy's wife called John Stewart, an investigator with the Mississippi Agriculture Theft Bureau.

¶ 4. Stewart began investigating the theft of Abernathy's cattle, and he verified the two cows at the auction were indeed Abernathy's cows. He also discovered one of the cows was registered under the name Richard Forrest while the other was registered under the name of Lois Keyes (Forrest's fiancee). Stewart also discovered the theft of Welch's cow, and after an investigation, concluded Welch's black cow had been sold at the auction. The proceeds from the sale had gone to Richard Forrest. Stewart reached this conclusion upon learning a brand on the black cow corresponded to a brand Welch had placed on the cow, and upon finding the receipt for the sale of the cow listed Richard Forrest as the owner of the cow.

¶ 5. Stewart located Forrest and took a statement from him. After being read his Miranda rights and signing a Miranda waiver, Forrest gave an in custody statement to Stewart. Forrest confessed to his involvement in the theft of both Abernathy's and Welch's cattle. Stewart's testimony at trial indicated Forrest did not ask for an attorney, was not promised anything for his confession, and he was not coerced in any way. Stewart then wrote down the confession Forrest had told him, read it back to Forrest, and Forrest signed it without changing any part of it. Stewart also testified he thought Forrest's statement was voluntarily given.

¶ 6. At trial, Forrest's testimony differed greatly from his earlier sworn statement. Forrest testified that though he did sell the cattle and made money from the sale, he did not participate in the theft of the cattle itself. Forrest testified he gave the earlier confession because he did not want his fiancee to get arrested due to the fact he had used her name. The trial court allowed both statements to go to the jury, as well as a copy of the receipt from the sale of Welch's cow. The jury found Forrest guilty of two counts of cattle theft and the court sentenced him to two years in the custody of the Mississippi Department of Corrections.

DISCUSSION OF THE LAW

STANDARD OF PROOF

¶ 7. The standard of review for a challenge to the sufficiency of the evidence is stated in McClain v. State, 625 So.2d 774, 778 (Miss.1993):

In appeals from an overruled motion for JNOV, the sufficiency of the evidence as a matter of law is viewed and tested in a light most favorable to the State. The credible evidence ... consistent with guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may be reasonably drawn from the evidence. Matters regarding the weight and credibility of the evidence are to be resolved by the jury. We are authorized to reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty.

(citations omitted); see also Williams v. State, 595 So.2d 1299, 1302 (Miss.1992); *1264 Heidel v. State, 587 So.2d 835, 838 (Miss. 1991); Roberts v. State, 582 So.2d 423, 424 (Miss.1991).

¶ 8. The standard of review for a challenge to the weight of the evidence is found in Thornhill v. State, 561 So.2d 1025, 1030 (Miss.1989):

In determining whether or not a jury verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse only when it is convinced that the circuit court has abused its discretion in failing to grant a new trial.

See also Isaac v. State, 645 So.2d 903, 907 (Miss.1994); Newsom v. State, 629 So.2d 611, 615 (Miss.1993); Burrell v. State, 613 So.2d 1186, 1190-91 (Miss.1993); Nicolaou v. State, 612 So.2d 1080, 1083 (Miss.1992); Parker v. State, 606 So.2d 1132, 1139-40 (Miss.1992).

¶ 9. In cases where an appellant claims his right to a speedy trial has been violated this Court is to apply the balancing test set out by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). The factors to be considered in this balancing test are (1) length of delay, (2) reason for the delay, (3) whether the defendant has asserted his right to a speedy trial; and (4) whether the defendant was prejudiced by the delay. McGhee v. State, 657 So.2d 799, 801 (Miss.1995). In weighing these factors it is important to remember that no one factor is dispositive, and the factors must be "considered individually, assessed both objectively and dispassionately, then weighed and balanced together." Simmons v. State, 678 So.2d 683, 686 (Miss.1996). The weight each factor is given is necessarily based on the quality of the evidence, and when evidence is absent, the weight of the factors is based on the identity of the party with the risk of non-persuasion. McGhee, 657 So.2d at 801-02. "The totality of the circumstances must be considered." Id. at 802.

¶ 10.

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Cite This Page — Counsel Stack

Bluebook (online)
782 So. 2d 1260, 2001 WL 291156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forrest-v-state-missctapp-2001.