Patrick v. State

754 So. 2d 1194, 2000 WL 19936
CourtMississippi Supreme Court
DecidedJanuary 13, 2000
Docket97-KA-01260-SCT
StatusPublished
Cited by16 cases

This text of 754 So. 2d 1194 (Patrick v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick v. State, 754 So. 2d 1194, 2000 WL 19936 (Mich. 2000).

Opinion

754 So.2d 1194 (2000)

Jackie Ray PATRICK
v.
STATE of Mississippi.

No. 97-KA-01260-SCT.

Supreme Court of Mississippi.

January 13, 2000.

Edmund J. Phillips, Jr., Newton, Attorney for Appellant.

Office of the Attorney General by Charles W. Maris, Jr., Attorney for Appellee.

BEFORE PRATHER, C.J., MILLS AND COBB, JJ.

COBB, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On October 6, 1997, Jackie Ray Patrick was convicted in the Circuit Court of Scott County, Mississippi, of the following crimes: Count I: Aggravated assault; Count II: Armed robbery; Count III: Aggravated assault; Count IV: Armed robbery; Count V: Burglary of a dwelling; and Count VI: Grand larceny. Accordingly, the trial judge sentenced Patrick to two consecutive life sentences plus an additional 40 years to be served in the custody of the Mississippi Department of Corrections. Aggrieved by the judgment and sentence issued against him, Patrick now appeals to this Court raising the following issues:

I. COMBINING CHARGES FROM THREE SEPARATE INCIDENTS INTO A SIX-COUNT INDICTMENT AND ONE TRIAL VITIATED THE APPELLANT'S PRESUMPTION OF INNOCENCE FROM EVIDENCE *1195 NOT MUTUALLY ADMISSIBLE IN SEPARATE TRIALS.
II. PROSECUTORIAL ABUSE DURING VOIR DIRE DENIED APPELLANT A FAIR TRIAL.

STATEMENT OF FACTS

¶ 2. On the morning of Friday, May 23, 1997, Jessie Gowan met with Patrick, whom Gowan had known all of his life. The two had been visiting at a friend's house and decided to go riding around in Gowan's car, a blue 1989 Ford Crown Victoria. At some point later in the afternoon, Gowan pulled over to relieve himself in a soybean field south of Morton, Mississippi, in Scott County. While Gowan was out of the vehicle, Patrick found Gowan's.22 caliber pistol and announced to Gowan his intention to shoot him and take his car. Patrick then shot Gowan twice and drove off in Gowan's Ford automobile.

¶ 3. After shooting Gowan and stealing his car, Patrick drove to the home of Jim Armstrong, who lived in Scott County between Forkville and Ludlow, Mississippi. Armstrong was sitting in his living room around 4:30 p.m. when Patrick entered his home pointing the gun and demanding Armstrong's billfold and keys. Armstrong gave him the billfold and told him the keys were in the truck. Patrick then shot Armstrong in the chest, and when Armstrong turned to flee, Patrick shot him again in the back. Armstrong managed to secure a weapon from his bedroom and exchanged gunfire with Patrick in the driveway while Armstrong was trying to reach his truck. Armstrong managed to reach his truck and drove to Forkville where he was assisted and taken to the hospital.

¶ 4. Patrick next went to the home of Mr. and Mrs. Charles Fairchild, neighbors of Armstrong, who lived about ten (10) miles north of Morton in Scott County. The Fairchilds had left their house about 5:15 or 5:30 p.m. to check on Armstrong in the hospital. Upon their return about 11:00 p.m. that same evening, they discovered that their home had been burglarized and that their blue Chevy farm truck was missing. Several guns, $50, and some clothes had also been taken from the home. They later found in their home the clothes that Patrick had been wearing.

¶ 5. Patrick was apprehended early the next morning by a highway patrolman, driving the stolen farm truck which contained the items stolen from the Fairchild's residence. He gave a statement to officers in which he denied any wrongdoing.

DISCUSSION

I. COMBINING CHARGES FROM THREE SEPARATE INCIDENTS INTO A SIX-COUNT INDICTMENT AND ONE TRIAL VITIATED THE APPELANT'S PRESUMPTION OF INNOCENCE FROM EVIDENCE NOT MUTUALLY ADMISSIBLE IN SEPARATE TRIALS.

¶ 6. Patrick first contends that he was prejudiced by the multi-count indictment because the jury was more likely to presume that since Patrick was charged with many crimes, he must have been guilty of at least one. Patrick argues that the jury would have been less likely to convict him if they had only considered the counts arising out of each incident instead of considering them all together. The State responds that Patrick is procedurally barred from raising this issue because it was never argued at trial. Alternatively, the State claims that the multi-count indictment charging Patrick with these various crimes was proper because all of the separate incidents were part of a common scheme or plan.

¶ 7. The State is correct when it points out that Patrick never raised this present issue at the trial level. The record is devoid of any objections by defense counsel regarding the multi-count indictment or its potential prejudicial effects. In instances where a defendant fails to raise an objection at the trial level, this Court normally *1196 applies the standard we advanced in Leverett v. State, 197 So.2d 889, 890 (Miss. 1967), where we explained,

The Supreme Court is a court of appeals, it has no original jurisdiction; it can only try questions that have been tried and passed upon by the court from which the appeal is taken.

(quoting Collins v. State, 173 Miss. 179, 180, 159 So. 865 (1935)). However, on occasion we find it necessary to apply the plain error rule advanced in Mississippi Rule of Evidence 103(d) as follows:

Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

In Grubb v. State, 584 So.2d 786, 789 (Miss.1991), we held that

[t]his Court, on occasion when circumstances warranted, has noted the existence of errors in trial proceedings affecting substantial rights of the defendants although they were not brought to the attention of the trial court or of this Court.

¶ 8. Notwithstanding the procedural bar, we will address the merits of Patrick's claim that he was prejudiced by the use of a multi-count indictment.

¶ 9. Miss.Code Ann. § 99-7-2 (1994) addresses the propriety of multi-count indictments in pertinent part as follows:

(1) Two (2) or more offenses which are triable in the same court may be charged in the same indictment with a separate count for each offense if:
(a) the offenses are based on the same act or transaction; or (b) the offenses are based on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2) Where two (2) or more offenses are properly charged in separate counts of a single indictment, all such charges may be tried in a single proceeding.
(3) When a defendant is convicted of two (2) or more offenses charged in separate counts of an indictment, the court shall impose separate sentences for each such conviction.

¶ 10. In Woodward v. State, 533 So.2d 418, 422 (Miss.1988) we recognized the propriety of § 99-7-2 when we found, "no error in the State's charging of three felony counts within a single indictment since this indictment was returned after the effective date of the statute and followed its dictates." We further acknowledged this statutory provision when we adopted the Uniform Circuit and County Court Rules in 1995, which incorporate § 99-7-2 into Rule 7.07.

¶ 11. The multi-count indictment issued by the State in this case was in compliance with § 99-7-2.

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Bluebook (online)
754 So. 2d 1194, 2000 WL 19936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-state-miss-2000.