Before McMILLIN, P.j., Herring, And Hinkebein, JJ.
The opinion of the court was delivered by: Hinkebein, J.
ROBIN KINARD JONES A/K/A ROBIN KINNARD JONES, 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
DATE OF JUDGMENT: 09/08/95
TRIAL JUDGE: HON. WILLIAM F. COLEMAN
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IN THE CUSTODY OF MDOC
DISPOSITION AFFIRMED - 3/24/98
MOTION FOR REHEARING FILED:
Robin Kinnard Jones was convicted in the Circuit Court of the First Judicial District of Hinds County of murder. For his offense, Jones was sentenced to serve a life term in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction, Jones appeals to the Court on the following grounds:
I. THE TRIAL COURT ERRED IN NOT GRANTING A NEW TRIAL DUE TO PLAIN ERROR RESULTING FROM THE MISCONDUCT ON THE PART OF THE PROSECUTOR DURING CLOSING ARGUMENT.
II. THE TRAIL COURT ERRED IN FAILING TO DECLARE DEFENSE WITNESS DON JAMES UNAVAILABLE AND THEREBY ALLOW THE TRIAL JURY TO CONSIDER AS SUBSTANTIVE EVIDENCE THE CONTENTS OF DETECTIVE LEDOUX'S REPORT.
III. THE TRIAL COURT ERRED IN NOT GRANTING JONES' REQUESTED LESSER INCLUDED OFFENSE JURY CHARGE OF MANSLAUGHTER AS SUCH WAS SUPPORTED BY THE EVIDENCE ELICITED AT TRIAL.
Holding these assignments of error to be without merit, we affirm the judgment of the circuit court.
On the afternoon of July 22, 1993, seventeen-year-old Rochelle Coats was driving in her boyfriend's Jackson, Mississippi neighborhood with her companion, Anita Lowe. In exchange for $2.00, the girls agreed to furnish a ride to four teenage boys with whom they were unacquainted. However, before reaching the boys' destination, Coats detoured by her boyfriend's house in hopes that he might see her with the young men and become jealous. As Coats had hoped, her beau, Rashaund McCall, happened to be in the yard and noticed the passengers. He waved for her to stop the vehicle, and, over Lowe's pleas to proceed, Coats did so. Almost immediately an argument erupted between the pair. While this took place, the four male passengers got out and attempted to walk away from the altercation. However, within seconds, ...