Before McMILLIN, P.j., Herring, And Hinkebein, JJ.
The opinion of the court was delivered by: McMILLIN, P.j., For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
TRIAL JUDGE: HON. KENNETH LEVENE THOMAS
COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: LAWRENCE Y. MELLEN
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: ARMED ROBBERY: SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC; SENTENCE SHALL RUN CONSECUTIVE TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED
DISPOSITION AFFIRMED - 6/30/98
MOTION FOR REHEARING FILED:
Larry Williams has appealed his conviction on the charge of armed robbery. He raises six issues for consideration on appeal. After reviewing the record and considering the applicable law, we do not find that any of the issues raised warrant a reversal of the conviction. Therefore, we affirm the jury verdict returned in this case.
According to the testimony of Linda Ferguson, she was working the late shift at a gas station in June 1994, when Williams entered the store, remained for a period, then left without making a purchase. She said that another person in the store had particularly pointed Williams out to her because Williams was behaving in a suspicious manner. Williams returned several hours later and demanded that Ferguson give him money and cigarettes. When she refused, he lifted his shirt and revealed a brown object which Ferguson believed to be the handle of a pistol. She proceeded to give Williams two packages of cigarettes and $30 in cash from the store's register, and Williams then fled the store. Police officers summoned by Ferguson's call obtained a description of the robber from her and initiated a search of the area. Within an hour of the robbery, they discovered Williams hiding on the loading dock of a nearby grocery store. They placed Williams in the squad car, returned to the station, and asked Ferguson if she could identify Williams as the robber. She positively identified him, but noted that he was not wearing the same clothes that he had worn earlier in the evening. At the time he was apprehended, Williams was wearing gray shorts and a gray shirt. Ferguson said that the clothing resembled items he had carried balled up in one hand during the robbery. The police officers returned to the area where Williams had been found hiding and located articles of clothing that ...