Davis v. Mississippi
Annotate this CaseJordan Davis was indicted for one count of auto theft, one count of grand larceny of a tractor, and one count of receiving stolen property concerning the same tractor. Davis was acquitted of auto theft and grand larceny but convicted of receiving stolen property. On appeal, the State confessed error because Claiborne County's dual charges against Davis for stealing and receiving the same property violated Mississippi Code Section 97-17-70(3)(a). The Court of Appeals reversed the receiving-stolen-property conviction, but remanded for further proceedings. Under Section 97-17-70(3)(a), when a defendant can be charged with either stealing or receiving the same property, the State must opt to charge the defendant with either stealing or receiving the property. Thus, he could not be retried for receiving the property under the plain terms of Section 97-17-70(3)(a). The Court of Appeals erred by remanding for further proceedings rather than rendering judgment. The Supreme Court affirmed in part and reversed in part the judgment of the Court of Appeals. The Court reversed the judgment of the Circuit Court of Claiborne County and rendered judgment in Davis's favor.
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