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[T] Garvin v. State

June 16, 1998

PAUL ANTHONY GARVIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, 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: 12/06/95

TRIAL JUDGE: HONORABLE GEORGE C. CARLSON, JR.

COURT FROM WHICH APPEALED: TALLAHATCHIE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED OF ARMED ROBBERY; SENTENCED TO TWENTY-FIVE YEARS IN CUSTODY OF MDOC

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Paul Anthony Garvin was convicted of robbery by the use and exhibition of a deadly weapon by a Tallahatchie County Circuit Court jury. Garvin appeals arguing that the verdict was not supported by sufficient evidence and that the verdict is against the overwhelming weight of the evidence. Finding his arguments without merit, we affirm.

FACTS

On the morning of July 7, 1995, Anita Sayle, the owner of a plant nursery, was robbed. The evidence most consistent with the verdict is as follows. The incident occurred shortly after Sayle opened her business. She looked up from her work and saw a man standing nearby. She recognized him as Paul Anthony Garvin, the brother of a man who had performed repairs on her car. He had come by her business with his brother on several occasions in the past. On this occasion, Garvin asked her if she needed any help. She told him "no." He then went down to the greenhouses and began looking around.

After Sayle completed her opening routine in the office, she went down to the greenhouses to begin watering. As she began watering a row of trees, she noted that Garvin was in the main greenhouse. She did not complete this task because she saw that Garvin was walking up the steps that lead to the main office. She stopped him to see what he wanted. He asked for change so that he could buy a Coke. Since the Coke machine was broken, Sayles went upstairs and got him a Coke from the machine. After she handed him the Coke, she turned to lock the Coke machine. Suddenly, Garvin grabbed Sayle from behind and shoved her into a cubbyhole. She began screaming and Garvin tried to cover her mouth. Sayle bit him numerous times. Garvin began hitting Sayle in the face, and she continued to bite him. They fell to the ground during the struggle, and Garvin began running his hands underneath Sayle's shorts and shirt. Because she thought that Garvin was going to rape her, Sayle curled up into the fetal position. Sayle continued to struggle, and Garvin continued to hit her. When Garvin could not get into her clothes, he began calling her ...


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