Tyderius Ford v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-KA-01507-COA
TYDERIUS FORD
v.
STATE OF MISSISSIPPI
APPELLANT
APPELLEE
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
09/04/1997
HON. W. ASHLEY HINES
WASHINGTON COUNTY CIRCUIT COURT
WAYNE O'DELL LEE
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
FRANK CARLTON
CRIMINAL - FELONY
FELONY ESCAPE: SENTENCED TO FIVE YEARS IN
THE CUSTODY OF THE MISSISSIPPI DEPARTMENT
OF CORRECTIONS AND PAY COURT COSTS OF
$252.50 AND BOND FEE OF $20.
AFFIRMED - 05/28/2002
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
6/18/2002
BEFORE KING, P.J., BRIDGES, AND CHANDLER, JJ.
BRIDGES, J., FOR THE COURT:
¶1. The Grand Jury for Washington County indicted Tyderius Ford on the charge of felonious escape on
February 24, 1997. Ford's trial on this charge took place on August 20, 1997; he was duly convicted in a
jury trial and the Washington County Circuit Court sentenced him on September 3, 1997, to five years in
the custody of MDOC. Ford perfected an out-of-time appeal.
STATEMENT OF THE ISSUE
DID THE TRIAL COURT ERR IN DENYING FORD'S JURY INSTRUCTION ON THE
CHARGE OF MISDEMEANOR ESCAPE?
FACTS
¶2. The Hollandale police arrested Tyderius Ford on an outstanding armed robbery warrant on February 3,
1996. Ford was incarcerated in the Hollandale jail when, on February 16, he escaped. Over a year later,
Ford turned himself in to the authorities.
¶3. At trial, two police officers from the Hollandale Police Department and the chief of the Hollandale
Police Department testified that Ford had been arrested pursuant to an outstanding warrant on an armed
robbery charge. At the time that Ford was arrested, there was an outstanding citation filed over a year
previous, which was discovered only after Ford was incarcerated. Ford argued that he was arrested
pursuant to the citation, but did not provide any evidence.
¶4. The jury convicted Ford on the charge of felonious escape, and the court sentenced Ford to serve five
years in the custody of the MDOC.
ANALYSIS
DID THE TRIAL COURT ERR IN DENYING FORD'S JURY INSTRUCTION ON THE
CHARGE OF MISDEMEANOR ESCAPE?
¶5. The Supreme Court of Mississippi has held that:
The refusal of a timely requested and correctly phrased jury instruction on a genuine issue of material
fact is proper, only if the trial court--and this Court on appeal--can say, taking the evidence in the
light most favorable to the party requesting the instruction, and considering all reasonable
favorable inference which may be drawn from the evidence in favor of the requesting party,
that no hypothetical, reasonable jury could find the facts in accordance with the theory of the
requested instruction.
DeLaughter v. Lawrence County Hosp., 601 So. 2d 818, 824 (Miss. 1992) (citations omitted).
¶6. Ford asked at trial for an instruction containing a misdemeanor escape charge, relying on testimony that
he was delinquent on a citation. Ford argued that if he could demonstrate that the arrest on February 3 was
pursuant to the citation, he should receive a misdemeanor escape instruction. However, Ford drew out no
evidence that either the arresting officer or his superiors or indeed any officer on duty with the Hollandale
Police on the day of his arrest were even aware of the citation until after he was incarcerated.
¶7. Ford did not testify in his own behalf, and called no witnesses in his behalf. He provided no further
evidence in support of his theory that he was arrested on the citation. Consequently, the court determined
that there was no evidentiary basis for the requested instruction.
¶8. Finding no error, we affirm the judgment of the Washington County Circuit Court.
¶9. THE JUDGMENT OF THE CIRCUIT COURT OF WASHINGTON COUNTY OF
CONVICTION OF FELONY ESCAPE AND SENTENCE OF FIVE YEARS IN THE CUSTODY
OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF
THIS APPEAL ARE ASSESSED TO WASHINGTON COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
