Kelly v. State

DICKSON, Justice.

Defendant Johnny Kelly was convicted of attempted theft and found to be a habit ual offender. His appeal presents the following issues: (1) denial of his motion for mistrial; and (2) admissibility of official record copies with photocopied certificate of authentication.

1. Motion For Mistrial

The defendant claims that the trial court erred in denying his motion for a mistrial after the jury returned a verdict of guilty of theft, when he had been charged only with attempted theft. When the jury returned the erroneous verdict, the trial judge assumed the responsibility therefor,…