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Mackey v. State

The evidence connecting the defendant to the burglary of the store was sufficient for the jury to conclude that the defendant was guilty as a party to the crime.

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After a joint trial, Lee Mackey and Milton Myers were convicted of burglary.1 Mackey appeals from his conviction, challenging the denial of his motion to suppress, and contending that the evidence was insufficient to support the verdict. We affirm.

1. Mackey contends that the trial court erred by denying his motion to suppress evidence obtained during a search of a motel room and vehicle. He asserts that police officers obtained a search warrant based on the “plain view” doctrine, when the officers had no lawful right to be in the motel parking lot where the vehicle was parked. As Mackey concedes in his brief, this court rejected this argument in the appeal filed by his co-defendant, Myers.2 Mackey’s contention is without merit for the reasons set out in Myers v. State.3

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