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Robinson v. State

December 18, 1998

DUEAN ROBINSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



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

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

DATE OF JUDGMENT: 12/20/1996

TRIAL JUDGE: HON. ISADORE W. PATRICK, JR.

COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 12/20/1996: CT I & CT 2 ARMED ROBBERY WITH A DEADLY WEAPON; CT III BURGLARY OF A BUSINESS: CT 1 & CT II SENTENCED TO 20 YRS WITH 15 YRS TO SERVE & 5 YRS SUSPENDED (ON EACH COUNT): CT III SENTENCED TO 7 YRS IN MDOC; CTS I, II, & III SHALL RUN CONCURRENTLY WITH EACH OTHER

DISPOSITION: AFFIRMED - 12/18/98

PROCEDURAL POSTURE

¶1. Duean Robinson was convicted after a jury trial in the Circuit Court of Warren County, the Honorable Isadore Patrick presiding, of two counts of armed robbery and one count of burglary of a business and was sentenced to serve twenty years in the custody the Mississippi Department of Corrections with five years suspended on each armed robbery count and a term of seven years in the custody of the Mississippi Department of Corrections on the burglary count. All sentences run concurrently. Upon denial of his JNOV motion, Robinson timely perfected this appeal, raising the following three issues: 1) whether the trial court denied appellant's constitutional rights to a trial by jury by failing to conduct examination of jurors to determine if they had overheard any derogatory statements made about appellant and if so, whether these statements would taint their objectivity, 2) whether the prosecution violated the rules of discovery by not providing appellant with a copy of a statement by the victim made to a police officer, and 3) whether the photo line-up was unduly suggestive.

¶2. Upon review of the record and briefs, we find each of appellant's assignments of error to be without merit and overrule the same. Accordingly, we affirm the conviction and sentence in this matter.

FACTS

¶3. Sue and Hugh Bearup, residents of New Mexico, were lodging at the Best Western Motel located off Interstate 20 in Vicksburg. The Bearups were in Vicksburg to meet and visit with members of Sue's family. On the morning of July 8, 1996, Sue answered a knock on her motel door, thinking that it was a family member. When she opened the door, Robbie Lewis *fn1 forced his way into the room, followed by Robinson. The pair demanded money. According to Sue's testimony, Robinson grabbed her around the throat and choked her. The couple was forced into the motel bathroom at gunpoint. Robinson and Lewis then took money from Sue's purse and a wallet from Hugh's pants and fled the scene. A motel night clerk witnessed the robbers fleeing and identified the vehicle they were driving--a blue Volvo.

¶4. A law enforcement bulletin was issued for the vehicle and the two suspects based on the information provided by the victims and the motel night clerk. After an initial pursuit by officers from the Clinton Police Department, the suspects entered the city limits of Jackson where they unsuccessfully attempted to flee. The suspects were apprehended. In addition to a significant amount of cash recovered from each suspect and from the patrol car in which they were temporarily held until they were released to Vicksburg police officers, a novelty currency was also recovered from the scene which was later identified by Sue as being her property.

ΒΆ5. Robinson and Lewis were indicted by a Warren County Grand Jury on October 30, 1996. Subsequently, Lewis pled guilty to two counts of armed robbery and one count of business burglary, and Robinson was convicted after a jury trial of the same charges and sentenced to a term of imprisonment in the custody of the Mississippi Department of Corrections. After the trial court overruled ...


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