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Wagner v. State

April 07, 1998

WAGNER V. STATE


Before Bridges, C.j., Coleman, And Diaz, JJ.

The opinion of the court was delivered by: Coleman, J.

JIMMY WAGNER, A/K/A JIMMY D. WAGNER, A/K/A JIMMY DE'ANDRE WAGNER, 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: 3/7/96

TRIAL JUDGE: HON. ELZY JONATHAN SMITH, JR.

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED OF ARMED ROBBERY; SENTENCED TO SERVE A TERM OF 12 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE; SENTENCE TO RUN CONSECUTIVE TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED

DISPOSITION AFFIRMED - 4/7/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

A jury in the Circuit Court of Coahoma County found the appellant, Jimmy Wagner, guilty of the felony of armed robbery, but it was unable to fix the penalty. The trial Judge, via an order issued on March 7, 1996, sentenced Wagner to serve a term of twelve years in the custody of the Mississippi Department of Corrections without eligibility for parole.*fn1 Wagner presents but one issue for this Court's resolution, which is: "The verdict of the jury is against the overwhelming weight of the evidence." We affirm.

I. FACTS

Shortly after 11:00 P.M., on November 9, 1995, two men, one of whom displayed a black handgun, entered a fast-food restaurant known as Wendy's restaurant through its back door. The restaurant was located on U.S. Highway 61 South in Clarksdale. The restaurant had just closed at 11:00 P.M., and its co-manager, Carolyn McBride, had just removed the money trays from the cash register drawers and taken them into the office to count the money and prepare the night bank deposit when they entered the restaurant. As she began to fax a copy of her nightly business report to the office of Carlisle Corporation, which owned this particular Wendy's, McBride heard a noise which she recognized as that made by the back door when it ...


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