Chism v. State

• Decision Date: 13 February 2018
• Docket Number: NO. 2016–KA–01404–COA,2016–KA–01404–COA
• Citation: 253 So.3d 343
• Parties: Adam CHISM, Appellant v. STATE of Mississippi, Appellee
• Court: Mississippi Court of Appeals

253 So.3d 343

Adam CHISM, Appellant

v.STATE of Mississippi, Appellee

NO. 2016–KA–01404–COA

Court of Appeals of Mississippi.

February 13, 2018

Rehearing Denied June 19, 2018

OFFICE OF STATE PUBLIC DEFENDER BY: PHILLIP BROADHEAD, FOR APPELLANT.

OFFICE OF THE ATTORNEY GENERAL BY: JOSEPH SCOTT HEMLEBEN, FOR APPELLEE.

BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

GRIFFIS, P.J., FOR THE COURT:

¶ 1. Adam Chism appeals his conviction of burglary of a dwelling under Mississippi Code Annotated section 99–19–83 (Rev. 2015). Chism argues that his prior felony convictions were improperly admitted into evidence, the jury's verdict was based on insufficient evidence or against the overwhelming weight of the evidence, and the trial court failed to allow a circumstantial-evidence jury instruction. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Officer Angela Nichols of the Jackson Police Department was dispatched to a potential home burglary in progress. The house's alarm system was triggered, resulting in the alarm company calling the police, and the police department dispatched Nichols who was close by.

¶ 3. Nichols arrived at the scene and walked around to the basement in the back of the house where the alarm originated. She saw Chism backing out of the basement carrying a bag. Nichols ordered Chism to drop the bag and get down on the ground. He complied. Nichols arrested Chism after she inspected the bag and found an X–Box One game console.

¶ 4. Chism testified that he was on his way to his father's house early that Saturday morning to work, like he normally did on Saturdays. As they were driving, Chism and his wife, Mary, got into a dispute. To avoid any further confrontation, Chism testified that he asked Mary to pull over and let him out of the car. He would continue the rest of the way on foot. Chism said that, since he was already on probation from a previous conviction, he wanted to be extra precautious to avoid confrontation.

Mary let him out of the car and sped off hurriedly, which worried Chism. He testified that he began walking to the house of his friend's aunt, which was nearby. He planned to borrow a phone to check on his wife and let his father know that he was on the way.

¶ 5. Chism then testified that he was walking past the house at issue, and he heard an alarm. He walked around the house to investigate and assist anyone that may need help. He then claimed the back door was wide open. Chism also said that he did not intend to go inside and take anything; but, he entered the house and called for anyone that may be inside. He then noticed a bag on the floor of the basement. He picked up the bag just as Nichols was rounding the corner.

¶ 6. After placing Chism in custody, Nichols testified that she and other officers entered the house through the basement door to inspect and secure the house. Kenneth Gray, the then-tenant of the house, testified that the basement door separating the basement from outside had been pushed in and the doorframe sustained significant damage. Gray testified that he had not given anyone permission to enter his residence. Gray confirmed Nichols's testimony that his bicycle, which he usually stored inside the basement, was leaning against the wall outside of the basement door.

¶ 7. Once inside the house, Nichols proceeded upstairs into the kitchen and living-room areas. She testified that the door separating the basement from the living room was totally destroyed and completely torn in half. She found the living room in disarray, and the couch was thrown about as though someone had been searching through it. Nichols stated these were all common signs of forced entry and burglary.

¶ 8. Chism was found guilty and sentenced as a habitual offender to life in the custody of the Mississippi Department of Corrections without the possibility of parole.

ANALYSIS

I. Whether the admission of Chism's prior burglary convictions into evidence was an abuse of discretion.

¶ 9. Chism's first argument is that evidence of his prior felony convictions in 2009 and 2013 for house burglary and auto burglary was improperly admitted. "The standard of review regarding admission or exclusion of evidence is abuse of discretion. We will not reverse the trial court's evidentiary ruling unless the error adversely affects a substantial right of a party." Mingo v. State , 944 So.2d 18, 28 (¶ 27) (Miss. 2006) (citing Parks v. State , 884 So.2d 738, 742 (¶ 9) (Miss. 2004) ). See also M.R.E. 103(a).

¶ 10. Also, the supreme court has held that "when the trial court determines under Mississippi Rule of Evidence 403 that prejudice substantially outweighs the probative value of particular evidence, it remains within the court's discretion to determine whether to exclude the evidence, since Rule 403 does not mandate such an exclusion but rather states that the evidence may be excluded." Baldwin v. State , 784 So.2d 148, 156 (¶ 27) (Miss. 2001). In Baldwin , the court further stated "that [its] task as an appellate court reviewing a Rule 403 determination is not to engage anew in the Rule 403 balancing process. Rather, it must simply determine whether the trial court abused its discretion in weighing the factors and admitting or excluding the evidence." Id. (internal citation omitted).

¶ 11. Chism filed a motion in limine to preclude the State from introducing evidence of, or otherwise referencing at trial, his prior felony convictions. The trial court reserved ruling on the motion until the appropriate time during trial, and instructed the State to make no references to Chism's prior convictions until addressing the matter with the trial court.

¶ 12. At the end of trial, after the defense had rested, the State again sought to admit Chism's prior burglary convictions under Mississippi Rule of Evidence 404(b) as self-authenticating judgments of conviction for substantive proof of intent to commit the crime. The court heard argument, overruled Chism's objection, and allowed the house-burglary and auto-burglary convictions into evidence in order to show Chism's intent.

¶ 13. The elements of burglary of a dwelling are the "breaking and entering [of a] dwelling house ... of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein ...." Miss. Code Ann. § 97–17–23(1) (Rev. 2014). Intent is a vital element of burglary. Rule 404(b) provides:

Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent , preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

(Emphasis added).

¶ 14. The Mississippi Supreme Court has held that "[u]sually, evidence of another crime or prior bad act is not admissible.... However, evidence or proof of a prior crime or bad act is admissible where it is necessary to show identity, knowledge, intent, or motive, or to prove scienter." Jones v. State , 904 So.2d 149, 152 (¶ 6) (Miss. 2005).

¶ 15. In Jones, Jessie Jones was convicted of attempted burglary and sentenced as a habitual offender before having that decision reversed and remanded by the Mississippi Court of Appeals. Id. at 151 (¶ 1). Jones testified that he entered the residence in order to obtain help after his vehicle broke down. Id. at 153 (¶ 9). The State then introduced evidence of five prior burglary convictions in order to prove intent. Id. The supreme court found, "[t]he prior convictions tend to prove, along with other facts, that Jones's intent was to burglarize the house, not to obtain help." Id. After the supreme court found that Jones's prior convictions were originally only offered to show intent, and not modus operandi, the court reversed this Court's decision and reinstated the circuit court's judgment. Id. at 155 (¶ 19).

¶ 16. In Carter v. State , 953 So.2d 224 (Miss. 2007), during a trial for attempted burglary, evidence of the defendant's six prior burglary or grand-larceny convictions was admitted to the jury to show intent. "The defendant's intent was a necessary element for his conviction, and his prior felony convictions were admitted for limited purposes, permissible under Rule 404(b), including intent." Carter , 953 So.2d at 231 (¶ 17). The trial court determined that the evidence of the prior convictions was "extremely probative of [the defendant's] intent, a necessary element, and [thus] outweigh[ed] the prejudicial effect." Id. at 229 (¶ 11).

¶ 17. As in Jones and Carter , evidence of Chism's prior convictions was offered to prove that Chism's intent was to burglarize the house, not to offer aid to someone. While on the stand, Chism repeatedly answered questions from his attorney regarding his intent that morning, his intent upon approaching the house, and his intent while inside the house. The trial court found that "given [Chism's] vigorous assertion of lack of intent [to steal,] ... the admission of the [past] burglary conviction[s] ... is extremely relevant and appropriate, in the State's effort to rebut the defendant's assertion that he did not intend to burglarize the home."

¶ 18. The trial court determined that the evidence of the prior convictions was not overly prejudicial compared to its probative value. Intent in burglary cases is a central element to the charge. As a result, the evidence of intent was allowed in by Rule 404(b). Therefore, this Court cannot conclude that the trial court abused its discretion in admitting Chism's prior felony convictions into evidence. We find no merit to this issue.

II. Whether the jury's verdict was supported by legally sufficient evidence and was in accord with the overwhelming weight of the evidence.

¶ 19. Chism next argues that the trial court erred in denying his motions for a new trial and for a judgment...