Rogers v. State
Court of Appeals of Mississippi
1Concurring in part, dissenting in partIrving, P.J.
¶ 33. While I agree with the majority’s decision to affirm Rogers’s armed-robbery conviction, I must respectfully dissent from the majority’s decision to affirm Rogers’s conviction for the unlawful possession of a firearm. In my opinion, the State failed to prove Rogers’s prior-felony status by either a stipulation, a certified record of a prior felony conviction, or other evidence adduced through a witness during the evidence phase of Rogers’s trial. Therefore, there is insufficient evidence to sustain his conviction of possession of a firearm by a convicted felon. I would reverse and render…
2Cases cited3 opinions
- Warren v. StateMississippi Supreme Court · 1998
- Anderson v. StateMississippi Supreme Court · 2012
- Magee v. StateCourt of Appeals of Mississippi · 2007