Preview:

IN THE COURT OF APPEALS 12/17/96 OF THE STATE OF MISSISSIPPI
NO. 94-KA-00271 COA BILLY RAY BARRETT APPELLANT v. STATE OF MISSISSIPPI APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. LARRY EUGENE ROBERTS COURT FROM WHICH APPEALED: CLARKE COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: DAVID A. STEPHENSON ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOLENE M. LOWRY DISTRICT ATTORNEY: BILBO MITCHELL NATURE OF THE CASE: UTTERING A FORGERY TRIAL COURT DISPOSITION: CT I UTTERING FORGERY: SENTENCED TO 15 YRS IN THE MDOC AS A HABITUAL OFFENDER; CT II UTTERING FORGERY SENTENCED TO 15 YRS IN MDOC AS A HABITUAL OFFENDER; CT III UTTERING FORGERY: SENTENCED TO 15 YRS IN MDOC

BEFORE BRIDGES, P.J., KING, AND PAYNE, JJ. BRIDGES, P.J., FOR THE COURT:

Billy Ray Barrett was convicted in the Clarke County Circuit Court on three counts of uttering a forgery involving three counter checks. Barrett was sentenced to fifteen years on each count, with counts two and three to run concurrently. Aggrieved by this judgment, Barrett appeals arguing: (1) the court erred in granting certain jury instructions; (2) the State failed to prove the specific element of intent to defraud; and (3) the sentence Barrett was given constituted cruel and unusual punishment. FACTS Billy Ray Barrett was indicted and convicted as a habitual offender on three counts of uttering a forgery in violation of section 97-21-59. His two prior convictions for uttering a forgery occurred in 1983, when he was sentenced to serve twelve years, and in 1980 when he was sentenced to serve two years. With regard to the present conviction, Barrett obtained three counter checks from Citizens National Bank and attempted to cash them in the amounts of $60.00 and $100.00. He signed the checks using the name Andy Kersh, and explained that he worked for Mr. Kersh, and that the check was payment on account. He further informed the cashiers that he did not know why the check was a counter check, but that Mr. Kersh had told him that he had run out of checks. ISSUES AND DISCUSSION OF THE LAW I. WHETHER THE COURT ERRED IN GRANTING INSTRUCTIONS S-1, S-2, AND S-3?

The Appellant argues that in granting these jury instructions, the jury was permitted to find the Appellant guilty of forgery without the necessity of finding that he violated all the elements of the alleged offenses. Barrett was indicted for uttering a forgery pursuant to section 97-21-59, which provides: Every person who shall be convicted of having uttered or published as true, and with intent to defraud, any forged, altered, or counterfeit instrument, or any counterfeit gold or silver coin, the forgery, altering, or counterfeiting of which is declared by the provisions of this chapter to be an offense, knowing such instrument or coin to be forged, altered, or counterfeited, shall suffer the punishment herein provided for forgery. Miss. Code Ann.

Download Billy Ray Barrett v. State of Mississippi.pdf

Mississippi Law