Before Thomas, P.j., Coleman, And Hinkebein, JJ.
The opinion of the court was delivered by: Hinkebein, J., For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 09/19/96
TRIAL JUDGE: HON. HENRY LAFAYETTE LACKEY
COURT FROM WHICH APPEALED: CHICKASAW COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: ARMED ROBBERY (HABITUAL OFFENDER): SENTENCED TO SERVE A TERM OF 25 YEARS IN THE MDOC; DEFENDANT SHALL NOT BE ELIGIBLE FOR PAROLE OR PROBATION
MOTION FOR REHEARING FILED:
Terrance Clark was convicted in the Chickasaw County Circuit Court of armed robbery. For his offense, Clark was sentenced as a habitual offender to a term of twenty-five years in the custody of the Mississippi Department of Corrections without the possibility of parole. Aggrieved by his conviction, Clark appeals to this court on the following grounds:
I. THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE VERDICT IN THIS CASE.
II. MR. TERRANCE CLARK'S FUNDAMENTAL RIGHT TO HAVE EVERY LAWFUL DEFENSE PRESENTED TO THE JURY WAS DENIED BY THE FAILURE OF HIS COUNSEL AND THE COURT TO INSTRUCT THE JURY ON A LESSER-OFFENSE SUBSTANTIALLY SUPPORTED BY THE RECORD.
III. REVERSIBLE ERROR OCCURRED BY THE FAILURE OF APPELLANT'S COUNSEL OR THE COURT TO INSTRUCT THE JURY ON THE PRESUMPTION OF INNOCENCE.
IV. MR. TERRANCE CLARK WAS DENIED A FUNDAMENTALLY FAIR TRIAL BY THE INTRODUCTION INTO EVIDENCE OF IRRELEVANT, INFLAMMATORY AND PREJUDICIAL MATTERS THEREBY VIOLATING SUBSTANTIVE DUE ...