Before Thomas, P.j., King, And Payne, JJ.
The opinion of the court was delivered by: Thomas, P.j
JAMIE ROBINSON A/K/A JAMIE LEVON, APPELLANT ROBINSON 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
DATE OF JUDGMENT: 05/24/96
TRIAL JUDGE: HON. R. I. PRICHARD III
COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT I MURDER: CT II AGGRAVATED ASSAULT: CT I SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT IN THE MDOC; CT II SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC, SAID SENTENCE TO RUN CONSECUTIVE TO THE SENTENCE IMPOSED IN CT I
DISPOSITION AFFIRMED - 3/10/98
Jamie Robinson appeals his conviction for murder and aggravated assault raising the following issues as error:
I. THE COURT ERRED IN DENYING DEFENSE MOTION TO SUPPRESS STATEMENTS OF DEFENDANT AND ALLOWING THEIR ADMISSION INTO EVIDENCE.
II. THE COURT ERRED IN OVERRULING DEFENDANT'S OBJECTION TO THE IN-COURT IDENTIFICATION BY SABRINA BRIDGES.
III. THE COURT ERRED IN OVERRULING DEFENDANT'S APPLICATION FOR CHANGE OF VENUE.
IV. THE COURT ERRED IN REFUSING THE DEFENDANT'S REQUEST FOR INDIVIDUAL VOIR DIRE.
V. THE COURT ERRED IN FAILING TO GRANT A NEW TRIAL AS THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
VI. THE COURT ERRED IN GRANTING OF INSTRUCTION S-10 AND THE REFUSAL TO GRANT PROPOSED INSTRUCTION D-9.
VII. THE COURT ERRED IN REFUSAL OF DEFENSE JURY INSTRUCTION D-7. Finding no error, we affirm.
On January 15, 1995, Jamie Robinson went over to Jonathan Banks's house in Picayune, Mississippi to watch football. Around two o'clock that afternoon, Banks and Robinson left to pick up Banks's girlfriend from work. After picking up Banks's girlfriend, Melvina Smith, the three individuals drove to a convenience store. They then proceeded to drive to Robinson's father's house in order to drop off Robinson. In route to Robinson's father's house, Robinson spotted Daniel Magee and Eric Shelton walking along a bridge which was located on Beech Street in Picayune.
Robinson recognized the two individuals as members of a gang who had confronted him a few weeks earlier concerning a stolen assault rifle. During that incident, a fight broke out wherein at least three individuals fought with Robinson. The assault rifle belonged to the gang known as the Black Gangster Disciples. The rifle had been borrowed by Robinson's cousin but never returned. This gang had on several occasions harassed and intimidated Robinson concerning this assault rifle. Robinson claimed that earlier this same day that these two individuals had taunted him, made threats to him, and had fought with him. Further, he claimed that the two individuals told him that "we gonna do this every time we see you." After this latest incident, Robinson had gone home and armed himself with a.22 caliber pistol.
After seeing Magee and Shelton on the bridge, Robinson immediately asked to be let out of the car. Banks let Robinson out of the car and then turned the car around, heading in the opposite direction. Robinson drew his pistol and proceeded to shoot at Magee and Shelton.
Marie Williams and her twelve-year-old daughter, Sabrina Bridges, were driving in a car directly behind Banks's car. Marie Williams testified at trial that she was near the bridge on Beech Street when the car in front of her stopped. She saw a black man get out of the car and draw a gun. She then testified that the black man began to shoot at a white man and a black man who were on the bridge. The two men who were shot at then began to run. However, Marie Williams was unable to identify Robinson as the shooter.
Sabrina Bridges gave a statement to police immediately after the incident. In this statement, she stated she saw a black man get out of the car and begin shootIng at "Booger Magee" and a "white boy." She then stated that the two individuals who were shot at took off running. At trial Sabrina testified to knowing and identifying Robinson, Magee, and Shelton. She further testified to actually seeing Shelton being shot on or near the bridge. She claimed to have given all this information to the police who failed to take it down in her statement. However, during a ...