Ford v. State, No. 98-KA-00444-COA.
Court | Court of Appeals of Mississippi |
Writing for the Court | BEFORE THOMAS, P.J., LEE, AND SOUTHWICK, JJ. |
Citation | 737 So.2d 424 |
Parties | Jobi Deundra FORD, Appellant, v. STATE of Mississippi, Appellee. |
Docket Number | No. 98-KA-00444-COA. |
Decision Date | 23 February 1999 |
737 So.2d 424
Jobi Deundra FORD, Appellant,v.
STATE of Mississippi, Appellee
No. 98-KA-00444-COA.
Court of Appeals of Mississippi.
February 23, 1999.
Melvin C. Ellis III, Tupelo, Attorney for Appellant.
Office of the Attorney General by Scott Stuart, Attorney for Appellee.
BEFORE THOMAS, P.J., LEE, AND SOUTHWICK, JJ.
LEE, J., for the Court:
¶ 1. Jobi Deunda Ford was convicted of burglary of an occupied dwelling and sentenced to serve a term of fifteen years, with five years suspended, in the custody of the Mississippi Department of Corrections. Ford had also been indicted for simple assault, but the jury returned a verdict of not guilty on this charge.
¶ 2. On appeal Ford argues that the evidence was not sufficient to prove him guilty of burglary of an occupied dwelling. We find that there is no merit to his
FACTS
¶ 3. Early on the morning of January 21, 1997, Shanta Lucas was asleep in her apartment when she was awakened by someone touching her foot. She jumped up out of the bed, turned around and the intruder turned on the light. Lucas recognized the man as Jobi Ford. Lucas began screaming, and Ford then ran out of the bedroom. Lucas locked the bedroom door and started to call the police. Ford then broke through the bedroom door and grabbed Lucas's purse which was hanging on the doorknob. Ford and Lucas struggled, and Ford picked her up by the neck and threw her against the window. Ford escaped out the front door with Lucas chasing him.
¶ 4. Officer Richard Prewitt testified that when he came to the apartment after the burglary that a white lawn chair was pushed up against the window outside the apartment, there was no screen and the window was open. Also, the front door was halfway open. Prewitt noticed that the lock on the bedroom door was broken. Officer Prewitt's testimony as to what Lucas told him less than an hour after the incident was consistent with her trial testimony. Officer Prewitt testified that a brown hat left by the intruder was found in the apartment and that he that he had seen Ford wearing a hat like that on several occasions.
¶ 5. Ford's testimony was that Lucas had invited him into the apartment and that they had consensual sexual intercourse. He claimed that she asked him for money and when he said he did not have any she got upset and he then left. He denied breaking into the apartment and taking her purse.
¶ 6. Lucas testified that the doors...
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...inconsistencies or contradictions as well as testimonial defects of perception, memory, and sincerity." Id. (quoting Ford v. State, 737 So.2d 424, 425(¶ 8) (Miss.Ct.App.1999)). Lauren's testimony clearly proved penetration; it was the jury's decision to take this testimony as truth. In......
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Williams v. State, No. 2007-KA-00270-COA.
...conflicting evidence, evaluating the credibility of witnesses, and determining whose testimony should be believed." Ford v. State, 737 So.2d 424, 425(¶ 8) (Miss.Ct.App.1999) (citing McClain v. State, 625 So.2d 774, 781 (Miss.1993)). Furthermore, "the testimony of a single witness ......
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Gray v. State, 2020-KA-00116-COA
...value of inconsistencies or contradictions as well as testimonial defects of perception, memory, and sincerity." Ford v. State , 737 So. 2d 424, 425 (¶8) (Miss. Ct. App. 1999) (citation omitted). "Circumstantial evidence need not exclude every ‘possible doubt,’ but only every othe......
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Ross v. State, Nos. 2009-KA-00796-COA, 2009-KA-00797-COA.
...determining whose testimony should be believed." Smith v. State, 3 So.3d 815, 818 (¶ 13) (Miss.Ct.App.2009) (quoting Ford v. State, 737 So.2d 424, 425 (¶ 8) (Miss.Ct.App.1999)). The supreme court has discussed appellate review of the weight of the evidence supporting a jury's verdict, ......
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Singleton v. Hood, No. 1:11CV247-SA-JMV
...inconsistencies or contradictions as well as testimonial defects of perception, memory, and sincerity." Id. (quoting Ford v. State, 737 So.2d 424, 425(¶ 8) (Miss.Ct.App.1999)). Lauren's testimony clearly proved penetration; it was the jury's decision to take this testimony as truth. In......
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Williams v. State, No. 2007-KA-00270-COA.
...conflicting evidence, evaluating the credibility of witnesses, and determining whose testimony should be believed." Ford v. State, 737 So.2d 424, 425(¶ 8) (Miss.Ct.App.1999) (citing McClain v. State, 625 So.2d 774, 781 (Miss.1993)). Furthermore, "the testimony of a single witness ......
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Gray v. State, 2020-KA-00116-COA
...value of inconsistencies or contradictions as well as testimonial defects of perception, memory, and sincerity." Ford v. State , 737 So. 2d 424, 425 (¶8) (Miss. Ct. App. 1999) (citation omitted). "Circumstantial evidence need not exclude every ‘possible doubt,’ but only every othe......
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Ross v. State, Nos. 2009-KA-00796-COA, 2009-KA-00797-COA.
...determining whose testimony should be believed." Smith v. State, 3 So.3d 815, 818 (¶ 13) (Miss.Ct.App.2009) (quoting Ford v. State, 737 So.2d 424, 425 (¶ 8) (Miss.Ct.App.1999)). The supreme court has discussed appellate review of the weight of the evidence supporting a jury's verdict, ......