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02/06/96 GUY v. STATE

February 06, 1996

GUY
v.
STATE



Before Thomas, P.j., King, And Payne, JJ.

The opinion of the court was delivered by: King, J., For The Court

JAMES EARL GUY, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. RICHARD WAYNE MCKENZIE

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT

BY: JOLENE M. LOWRY

DISTRICT ATTORNEY: E. LINDSAY CARTER

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: ARMED ROBBERY: SENTENCED TO SERVE A TERM OF 37 YRS IN THE MDOC

DISPOSITION AFFIRMED - 6/23/98

§ James Earl Guy was convicted of armed robbery, in violation of Miss. Code Ann. 97-3-79 (Rev.1994), in the Forrest County Circuit Court and sentenced to serve a term of thirty-seven years in the custody of the Mississippi Department of Corrections. On appeal, Guy argues two points of error:

1. The trial court erred in failing to sustain the Appellant's motion to dismiss due to the denial of his constitutional rights to a speedy trial.

2. The verdict of the jury is against the overwhelming weight of the credible evidence presented at trial and is contrary to the law of this State.

We affirm the circuit court's judgment.

FACTS

On August 6, 1994, Louis Jones drove from his sister's apartment to a Circle K convenience store in Hattiesburg, Mississippi. Jones testified that he drove James Earl Guy's car to this store. When Jones arrived at the Circle K, he went inside to pay for gas. As Jones placed the gas cap on the counter and searched in his pockets for money to pay for the gas, Guy and his nephew, Kendrick Simmons, rushed through the door. Guy's face was covered with a ski mask, and Simmon's face was covered with a stocking. Guy pointed a gun at John Jannick, the store clerk, and demanded that he open the cash register. At Guy's direction, Simmons removed money from the register. Jones stated that at this point, Simmons sprayed mace into Mr. Jannick's eyes. Guy then forced Jones to leave the store and drive them to Guy's trailer house.

Simmons and Jones were each arrested and indicted for armed robbery. Simmons pled guilty to armed robbery, and Jones pled guilty to accessory after the fact of armed robbery. Guy was arrested on August 10, 1994, charged with armed robbery and incarcerated in the Forrest County jail. Guy pled innocent to this charge and requested a trial. Unable to make bond, Guy remained incarcerated from his arrest to the date of trial, January 31, 1996. He was ultimately convicted of armed robbery and sentenced to serve a term of thirty-seven years. His motion for a new trial was denied. Guy now appeals his conviction and sentence.

ISSUES

I. THE TRIAL COURT ERRED IN FAILING TO SUSTAIN THE APPELLANT'S MOTION TO DISMISS DUE TO THE DENIAL OF HIS CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL?

In Guy's first assignment of error, he argues that his constitutional right to a speedy trial was violated. After a careful chronological and substantive review of the ...


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