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Hogan v. State

December 08, 1998

BRIAN F. HOGAN A/K/A BRIAN FRITZGERALD HOGAN A/K/A BRIAN FITZGERALD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Diaz, And Southwick, JJ.

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

DATE OF JUDGMENT: January 27, 1997

TRIAL JUDGE: HON. RICHARD WAYNE MCKENZIE

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: ARMED ROBBERY: SENTENCED TO A

DISPOSITION: AFFIRMED

¶1. Brian F. Hogan was convicted by a Forrest County Circuit Court jury of armed robbery. On appeal Hogan argues that there was a speedy trial violation, that his confession was inadmissible, and that all the elements of armed robbery were not proven. We find no merit to these issues and therefore affirm the judgment.

FACTS

¶2. On November 23, 1995, Brian F. Hogan entered a Stop-n-Save convenience store in Hattiesburg. After selecting a soft drink from the cooler in the rear of the store, Hogan approached the cashier, Wanda Kitchens. When Kitchens opened the register, Hogan pulled a .38 revolver from his waistband and demanded the money from the register. Kitchens backed away and Hogan took the money from the register himself. Approximately $465 in cash and checks was taken.

¶3. As Hogan was fleeing the scene, Kitchens telephoned the police. She reported the license number of Hogan's car, which she described as a blue Cadillac. Various law enforcement officers participated in the apprehension, which included an unsuccessful roadblock and a high speed chase. Finally Hogan sideswiped a tree after a sharp turn and crashed into a parked car.

¶4. Officer Michael Nobles walked up to Hogan's wrecked vehicle and ordered him to get out with his hands up. Hogan exited the car but did not raise his hands. Instead, he lunged at the officer, who then struck Hogan on the head with the butt of his revolver. Hogan suffered a laceration on the top of his head. He was taken to Forrest General Hospital, where he was treated and released. He was then taken to the Hattiesburg Police Department and almost immediately admitted his guilt.

¶5. Hogan was charged with armed robbery. On January 21, 1997, a jury in the Circuit Court of Forrest County found Hogan guilty but was unable to fix the penalty at life imprisonment. The Judge then sentenced Hogan to 35 years in the custody of the Mississippi Department of Corrections.

DISCUSSION

I. Speedy ...


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