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Magee v. State

August 20, 1998

MAGEE, ET AL
v.
STATE



Before Sullivan, P.j., McRAE And Smith, JJ.

The opinion of the court was delivered by: McRAE, Justice, For The Court:

PATRICK MAGEE, a/k/a PATRICK O'BRIEN MAGEE AND JIMMY EARL WALKER v. STATE OF MISSISSIPPI

DATE OF JUDGMENT: 03/07/97

TRIAL JUDGE: HON. KOSTA N. VLAHOS

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION AFFIRMED

¶1. Patrick Magee and Jimmy Walker appeal their convictions and sentences for the armed robbery and kidnapping of Amy Lynn Mitchell after a trial in the Circuit Court of Harrison County, on March 5-7, 1997. As their sole assignment of error, they contend that the circuit court erred in overruling their Batson challenges to the prosecution's peremptory strikes of two black jurors. Finding no merit to their claim, we affirm the orders of the circuit court.

I.

¶2. Mitchell testified at trial that on November 28, 1995, while she was eating in the parking lot of a Taco Bell in Gulfport, Walker walked up to her car and put a gun to her head through the window. At that time, both Magee and Walker got into the car with her, telling her that they were going to let her out "up here." They eventually let her out in Laurel and took her car. Mitchell said that the two never threatened her, nor did they harm her.

¶3. Magee testified that neither he nor Walker committed armed robbery or kidnapping, because Mitchell knew him and they were planning to meet at Taco Bell and run away. He denied that a weapon was used, and stated that Mitchell voluntarily left with them. He stated that Walker was dropped off in Prentiss and that he and Mitchell went to Laurel, where they argued and she got out of the car, while he went back to Prentiss. Walker did not testify.

¶4. The jury returned a guilty verdict on both counts against both defendants. The court sentenced Magee to twelve years on each count, to run consecutively. The court sentenced Walker, as an habitual offender, to twenty five years for armed robbery and twenty years for kidnapping, to run consecutively. The trial court overruled both Magee's and Walker's motions for new trial, and appeal to this Court was timely made.

ΒΆ5. Both Magee and Walker raise one issue on appeal. They allege that the court committed error in overruling their Batson challenges with respect to jurors Edward Chamberlain, a ...


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