By Patsy R. Brumfield
JACKSON – Stanley Luster’s conviction for burglarizing a Lafayette County dwelling was affirmed Tuesday by the Mississippi Court of Appeals.
The 10-0 vote also affirmed his sentencing as a habitual offender.
Luster is serving a 25-year sentence without possibility of parole.
A circuit court jury convicted him in August 2011 of taking a television set from an apartment.
Luster appealed, saying the verdict was against the overwhelming weight of evidence and that the court was wrong to sentence him as a habitual offender.
On examining his appeal, Judge Virginia Carlton wrote for the court that trial evidence showed he was not in a local restaurant parking lot, where he contended he was during the burglary. A witness also identified his car as the one observed parked outside the apartment complex where the burglary occurred.
Carlton also wrote that trial Judge John Gregory was not disqualified from presiding over the case, even though he was a prosecutor who signed
Luster’s indictment for one of the felonies the state used to qualify him as a habitual offender.
• Read Wednesday’s Daily Journal for more details