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06/27/96 DAMON HIPPS A/K/A DAMON PARRISH HIPPS v.

June 27, 1996

DAMON HIPPS A/K/A DAMON PARRISH HIPPS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE DAMON HIPPS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Bridges, C.j., Hinkebein, And Payne, JJ.

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

Hipps v. State, 96-KA-00823, __ So. 2d __

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

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION ARMED ROBBERY: SENTENCED TO A TERM OF 45 YRS IN THE MDOC TO RUN CONSECUTIVELY TO THE LIFE SENTENCE RECEIVED IN CAUSE NO. 18644

DISPOSITION AFFIRMED - 7/14/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL HISTORY

Damon Hipps and Glenn Derienzo were jointly indicted in the Circuit Court of Forrest County, in cause number 18,644, for the February 8, 1996 armed robbery of a Pizza Hut *fn1 restaurant in Hattiesburg, Mississippi. On June 19, 1996, a jury found Hipps guilty as charged and fixed his penalty at life imprisonment. On June 26, 1996, the circuit Judge pronounced judgment on the verdict and sentenced Hipps to life imprisonment.

Damon Hipps and Glenn Derienzo were also jointly indicted in the Circuit Court of Forrest County, in cause number 18,645, for the January 6, 1996 armed robbery of a Pizza Hut *fn2 restaurant in Hattiesburg. On June 26, 1996, a jury found Hipps guilty as charged but was unable to agree upon the sentence. Thereafter, on June 27, 1996, the circuit court, Honorable Richard McKenzie, presiding, pronounced judgment on the verdict and sentenced Hipps to a term of forty-five years. Feeling aggrieved by these misfortunes, Hipps perfected his appeal. Having read the arguments presented and both records, we affirm the judgments below.

INTRODUCTION

As noted, there are two cases presented in this appeal. One case concerns an armed robbery which took place on January 6, 1996. The other case involves an armed robbery which took place on February 8, 1996. In the interest of judicial efficiency, we have incorporated 96-KA-00822 into this appeal, cited as 96-KA-00823, as both arguments presented by the defendant involve the same characters and the same questions of law.

FACTS OF BOTH CASES

Near twelve o'clock midnight on January 6, 1996, two men entered the Pizza Hut and ordered pizza. At the time the pizza pub was scheduled to close, and after the other customers had left the establishment, these two men whipped out a gun on the employees, pepper sprayed the employees, robbed the store of about $900, and then left.

Almost a month later, about 8:30 p.m. on February 8, 1996, two men came into another Pizza Hut in Hattiesburg and ordered pizza. Thereafter, the two pizza bandits robbed the Pizza Hut using a gun and mace. Hipps and his accomplice then seized $950.83 and left.

Testifying at trial, concerning the February 8, 1996 charge, Lisa Carter, the manager of the Pizza Hut which had been robbed, stated that she arrived on the scene after someone called her reporting the robbery. At the scene she noticed that one of her employees had been kicked in the eye ...


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