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Armstrong v. State

December 30, 1998

ROBERT EARL ARMSTRONG APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

DATE OF JUDGMENT: 08/13/1997

TRIAL JUDGE: HON. HENRY LAFAYETTE LACKEY

COURT FROM WHICH APPEALED: CALHOUN COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: JAMES M. HOOD JR.

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 08/13/1997: 2 COUNTS OF TOUCHING CHILD FOR LUSTFUL PURPOSES: SENTENCED TO 10 YRS ON CT I & 10 YRS ON CT II; SENTENCE IN EACH COUNT TO RUN CONCURRENT;

¶1. Robert Earl Armstrong [hereinafter Armstrong] was convicted in Calhoun County Circuit Court of two counts of touching a child for lustful purposes, pursuant to Miss. Code Ann. § 97-5-23 (Rev. 1994 & Supp. 1998). Following the August 13, 1997 jury verdict, Armstrong was sentenced to ten years on each count in the custody of the Mississippi Department of Corrections. The sentences were to be served concurrently. Armstrong's motion for a new trial was denied October 3, 1997. He appeals to this Court and requests review of the following issue:

I. WHETHER THE APPELLANT RECEIVED EFFECTIVE ASSISTANCE OF HIS COUNSEL AND AS A RESULT OF NOT RECEIVING EFFECTIVE ASSISTANCE OF COUNSEL WHETHER THE APPELLANT WAS PREJUDICED BY THE INEFFECTIVE ASSISTANCE OF COUNSEL.

A. THE ATTORNEY FAILURE TO SERVER [SIC] THE TRIAL WAS PREJUDICIAL TO THE DEFENDANT.

B. THE ATTORNEY FAILURE TO REQUEST A COMPETENCE HEARING WAS PREJUDICIAL TO THE DEFENDANT.

C. THE ATTORNEY FAILURE TO FILE A MOTION TO SUPPRESS THE STATEMENT OF RODNEY GILLESPIE WAS PREJUDICIAL TO THE DEFENDANT.

D. THE ATTORNEY MADE SEVERAL STATEMENTS AGAINST THE INTEREST OF THE APPELLANT THAT WAS [SIC] ...


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