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Stewart v. State

April 07, 1998

STEWART V. STATE


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

The opinion of the court was delivered by: Per Curiam

FRANKIE LEE STEWART, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

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

DATE OF JUDGMENT: 05/30/96

TRIAL JUDGE: HON. LARRY EUGENE ROBERTS

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: ROBBERY BY THE USE OF A DEADLY WEAPON (HABITUAL OFFENDER): SENTENCED TO SERVE 36 YRS IN THE CUSTODY OF THE MDOC WITHOUT THE POSSIBILITY OF PROBATION, PAROLE SUSPENSION OR REDUCTION & PAY A FINE OF $5,000 & COSTS OF $234.50

DISPOSITION AFFIRMED - 4/7/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Frankie Lee Stewart was convicted in the Lauderdale County Circuit Court of armed robbery, as an habitual offender, and sentenced to serve a term of 36 years in the custody of the Mississippi Department of Corrections, without the possibility of parole, probation or reduction and ordered to pay a fine in the amount of $5000 and court costs. Stewart argues on appeal that the evidence submitted by the State was insufficient to convict him of robbery. However, Stewart fails to direct the Court to any specific facts which support this contention. Indeed, Stewart concedes that his brief does not allege any reversible error. The entire argument section of Stewart's brief reads as follows:

This case rested solely on eyewitness testimony and totally lacked physical evidence linking the Defendant to this crime. The eyewitness testimony raises reasonable doubt and reveals a flaw in the State's case that should not have ...


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