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Brown v. State

December 08, 1998

TIMOTHY DEWAYNE BROWN A/K/A "TIM" APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., Coleman, And Payne, JJ.

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

DATE OF JUDGMENT: February 25, 1997

TRIAL JUDGE: HON. ELZY JONATHAN SMITH, JR.

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: ARMED ROBBERY: SENTENCED TO SERVE A TERM OF 5 YRS IN THE MDOC; THE DEFENDANT SHALL MAKE FULL RESTITUTION TO THE VICTIM OF THE CRIME; DEFENDANT SHALL NOT BE ELIGIBLE FOR PAROLE DURING THE TERM OF SAID SENTENCE

DISPOSITION: AFFIRMED

¶1. Timothy Dewayne Brown was convicted of armed robbery and sentenced to serve five years in the custody of the Mississippi Department of Corrections and to make full restitution to the victim of the crime. On appeal, Brown argues that the verdict was against the overwhelming weight of the evidence. We find no error and affirm the conviction and sentence.

FACTS

¶2. On September 12, 1996, Terrie Renae Broom was walking to McDonald's with her niece when she passed a man in a red shirt leaning against a pole. She continued on and he followed her. He walked up behind her and put a gun in her back and demanded her purse. When she turned to look at him, he put the gun to her head, and she gave him the purse. He took the purse and fled.

¶3. Broom went to the police station and gave a description to the police. She was then shown a photo line up with six pictures, and she picked Timothy Brown from the photographs. The police returned to the area of the crime and located Brown, who was supposed to be baby-sitting. The police found a red shirt similar to the one the victim had seen on the robber in the house with Brown.

¶4. Terrie Broom identified Brown at trial as the man who robbed her. Melvin Johnson testified that he had seen Brown leaning on a pole and that Brown left following after the victim. Curtisine Cochran testified that she had hired Brown to baby-sit that afternoon at her house near the place where the victim was robbed. Cochran stated that she had seen Brown wearing a red shirt that day.

DISCUSSION

ΒΆ5. Brown argues that the verdict is against the overwhelming weight of the evidence. He contends that the only evidence against him is of such a contradictory, unbelievable nature that the ...


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