Powell v. State

GRIFFIS, P.J.,

for the Court:

¶ 1. Stephen Powell appeals his convictions of sexual battery and conspiracy to commit sexual battery under Mississippi Code Annotated sections 97-3-95 (Rev. 2006) and 97-1-1 (Supp.2010), respectively. He argues that the trial judge erred: (1) when he sent the jury to continue deliberations twice without giving the Sharplin instruction and (2) when he denied Powell’s motion for a mistrial. We find no error and affirm.

FACTS

¶ 2. Powell and his girlfriend, Candace McKenzie, were indicted for sexual battery and conspiracy to commit sexual battery upon McKenzie’s…