Narrative Opinion Summary
This case involves the conviction of Andre Cabrere for robbery, which was upheld by the Panola County Circuit Court. Cabrere was sentenced to seven years in prison following his conviction for taking items from a jewelry store without consent and under conditions of force. He appealed the conviction on three grounds: the admissibility of radio logs as evidence, the inclusion of a 911 transcript, and the sufficiency of evidence supporting the robbery charge. The court affirmed the conviction by addressing each issue in turn. It ruled that the radio logs were admissible under the business records exception to the hearsay rule and that the 911 transcript was admissible as both a present sense impression and an excited utterance, applying exceptions to the hearsay rule. The court also found sufficient evidence of robbery, as the victim testified to the forceful taking of her property and her lack of consent. As a result, Cabrere's conviction and sentence were upheld, and he was ordered to serve the term consecutively with other sentences, followed by five years of post-release supervision. Costs of the appeal were assessed to Cabrere, with the judgment receiving concurrence from the majority of the justices.
Legal Issues Addressed
Admissibility of 911 Transcripts under Present Sense Impression and Excited Utterancesubscribe to see similar legal issues
Application: The court found the 911 transcript admissible as it qualified as both a present sense impression and an excited utterance, thus falling under exceptions to the hearsay rule.
Reasoning: The court admitted the 911 transcript based on exceptions to the hearsay rule, specifically present sense impression and excited utterance, overruling Cabrere's objections.
Admissibility of Evidence under Business Records Exceptionsubscribe to see similar legal issues
Application: The court determined that radio logs were admissible as evidence under the business records exception to the hearsay rule, as they were created in the regular course of business.
Reasoning: The court deemed the radio logs admissible under the business records exception to the hearsay rule, as confirmed by communications supervisor Beverly Pope, who established the logs were created in the regular course of business.
Definition and Elements of Robbery under Mississippi Lawsubscribe to see similar legal issues
Application: The court upheld the robbery conviction by establishing that the felonious taking involved force and lack of consent, as testified by the victim, aligning with the statutory requirements for robbery.
Reasoning: Mills testified that Cabrere forcibly removed a ring from her finger after she requested he return one of the rings he had already taken. Her fear and lack of consent were evident, fulfilling the criteria for robbery, as established in Chaney v. State.