Legal Opinion · Concurring in part, dissenting in part

Rogers v. State

Court of Appeals of Mississippi

Decided June 11, 2013No. 2012-KA-00148-COAPublished

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

  1. Warren v. StateMississippi Supreme Court · 1998
  2. Anderson v. StateMississippi Supreme Court · 2012
  3. Magee v. StateCourt of Appeals of Mississippi · 2007

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