Berry v. State

PAYNE, J.,

for the Court:

PROCEDURAL HISTORY

¶ 1. In September 1997, appellant Sammy Berry was convicted in the Circuit Court of the First Judicial District of Hinds County of the crime of grand larceny. He was thereafter sentenced as an habitual offender and ordered to serve a term of five years in the custody of the Mississippi Department of Corrections. Feeling aggrieved of his conviction, Berry filed this appeal.

FACTS

¶ 2. On May 13, 1997, Berry and an accomplice stole a tiller worth more than two-hundred fifty dollars from the Economy Hardware Store in Clinton, Mississippi. An eyewitness to…