Taylor v. State

167 So. 3d 1239, 2014 WL 3586254, 2014 Miss. App. LEXIS 397
Court of Appeals of Mississippi·Decided July 22, 2014·No. No. 2013-KA-00305-COA·Published·Cited by 2 cases

Opinions

ROBERTS, J.,

for the Court:

¶ 1. A jury sitting before the Madison County Circuit Court found Michael Deon Taylor guilty of receiving stolen property. After finding that he qualified for enhanced sentencing as a habitual offender, [1242] the circuit court sentenced Taylor to ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or early release. Taylor appeals and raises thé six following issues: (1) the circuit court committed plain error when it did not spontaneously prohibit testimony that he was the target of a “large investigation”; (2) he received ineffective assistance of counsel; (3) the prosecution improperly bolstered a witness’s testimony; (4) he was entitled to a mistrial because the prosecution did not provide his cell phone during pretrial discovery; (5) there is insufficient evidence of his guilt; and (6) the jury’s verdict is contrary to the overwhelming weight of the evidence. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. During June 2011, Alex Walker, the owner of Jackson Tree Service, called Puckett Machinery and requested that a mechanic come to a job site in Madison County, Mississippi, to fix a “skid steer” that would not start. A mechanic responded, but he was unable to start the skid steer. The mechanic called James Alan Adcock, a “technical communicator” with Puckett Machinery, for assistance in diagnosing the problem. Although the plate depicting the skid steer’s serial number had been removed, the mechanic found the serial number on the engine frame. The mechanic relayed the skid steer’s serial number to Adcock. When Adcock entered the skid steer’s serial number into the company’s computer system, it indicated that the skid steer had been stolen. Furthermore, the skid steer was originally owned by Puckett Machinery. The skid steer had been rented by Chain Electric Company at the time that it had been stolen from a job site in Hattiesburg, Mississippi.

¶ 3. Adcock called the Madison County Sheriffs Department and reported the stolen skid steer. Along with Deputy Joshua Fish, Investigators Robin Welch and Don Hicks responded to the job site where the skid steer was located. They confirmed that the skid steer had been reported as stolen. Authorities asked Walker about the skid steer. He claimed that he had bought it at the Whataburger restaurant in Ridgeland, Mississippi, from a white male with long hair and a tattoo of a jaek-o-lantern. Investigator Welch doubted Walker’s story, so he asked Walker to visit his office the following morning. Walker complied.

¶ 4. The next morning, Investigator Welch and Investigator Jeff Stewart of the Mississippi Agricultural Theft Bureau met with Walker. They told Walker that they did not believe that he had stolen the skid steer, but they also did not believe that he had bought it from a white male with a tattoo of a jack-o-lantern. Walker told the investigators that he bought the skid steer from a black male named “Mike.” Investigator Stewart showed Walker a picture of Taylor. Walker confirmed that Taylor was the person who sold him the skid steer at Whataburger. Walker also told the investigators that he gave Taylor $5,000 and two vehicles in exchange for the skid steer.

¶ 5. Taylor was indicted and charged with intentional possession of stolen property. He went to trial during September 2012. The prosecution called Adcock and Tommy Kendall, who testified regarding the discovery of the stolen skid steer, and the fact that it belonged to Puckett Machinery. Investigator Welch testified regarding his role in the investigation. The prosecution also called Randy Crawford, the chief of police for the city of Magee, Mississippi. Chief Crawford testified that Taylor was in police custody in Magee on May 10, 2011, for an unrelated crime. [1243] Chief Crawford farther testified that through a search warrant, authorities had searched Taylor’s cell phone and discovered pictures of a skid steer and a Jeep Wrangler. Next, the prosecution called Walker, who testified that he bought the skid steer from Taylor. Finally, Investigator Stewart testified about his involvement in the investigation. The prosecution rested its case-in-chief after Investigator Stewart testified.

¶ 6. Taylor’s first witness was James Hannah, an expert witness who testified that Walker’s testimony regarding the manner in which he and Taylor transferred the skid steer from one trailer to another was not plausible, because there was insufficient room to navigate two trailers in the Whataburger parking lot. After Hannah testified, the circuit court instructed Taylor pursuant to Culberson v. State, 412 So.2d 1184, 1186-87 (Miss.1982), regarding his right to testify. Taylor voluntarily chose to take the stand.

¶ 7. According to Taylor, he had known Walker for approximately two years, and he had occasionally worked for Walker’s company. Taylor testified that Walker had used the skid steer when he worked for him. Taylor also testified that he did not sell the skid steer to Walker, and he did not know how Walker obtained it. Taylor claimed that Walker had sent him the pictures of the skid steer that were recovered from his cell phone. Taylor admitted that he had acquired two vehicles from Walker, but he claimed that he bought them because Walker needed money.

¶ 8. Additional facts and events will be discussed in the analysis below, as necessary. As previously mentioned, the jury found Taylor guilty of intentional possession of stolen property. Taylor appeals.

ANALYSIS

I. INVESTIGATOR WELCH’S TESTIMONY

¶ 9. Taylor claims that the circuit court committed plain error when it did not sua sponte prevent Investigator Welch from testifying that authorities “were working on several cases that involved the Tay-lors,” and that the investigation “spanned several counties.” According to Taylor, Investigator Welch’s testimony caused the jury to speculate that he was responsible for other crimes. Taylor argues that Investigator Welch’s testimony was impermissible under Rule 404(b) of the Mississippi Rules of Evidence.

¶ 10. To be precise, during direct examination, the prosecution asked Investigator Welch what he told Walker during their second meeting. According to Investigator Welch, he explained that the Madison County Sheriffs Department had been “working several cases that involved the Taylors, and [he] asked [Walker] to give [him] all [of the] information that he possibly could involving this case....” Next, the prosecution asked Investigator Welch whether he had told Walker that he would “help him” if Walker cooperated with the investigation. Investigator Welch responded, “Absolutely, because this was such a large investigation. This wasn’t just Madison County. This spanned several counties.”

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Taylor v. State, 167 So. 3d 1239, 2014 WL 3586254, 2014 Miss. App. LEXIS 397 (Mich. Ct. App. 2014).

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