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Clayton v. State

January 26, 1999

THOMAS ALEXANDER CLAYTON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



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

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

DATE OF JUDGMENT: 06/24/97

TRIAL JUDGE: HON. C. E. MORGAN III

COURT FROM WHICH APPEALED: MONTGOMERY COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: FELONY CRIME OF ROBBERY: SENTENCED TO SERVE A TERM OF 15 YRS WITH THE MDOC WITH 7 YRS SUSPENDED FOR A PERIOD OF 5 YRS BEGINNING UPON HIS RELEASE FROM INCARCERATION WITH 8 YRS TO SERVE & TO PAY A FINE OF $1,500

AFFIRMED

¶1. Thomas Alexander Clayton was convicted of robbery and sentenced to serve a term of fifteen years, with seven years suspended, in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction and sentence, Clayton has appealed and assigned seven points of error:

"I. THE VERDICT OF THE JURY WAS AGAINST THE OVERWHELMING WEIGHTOF THE EVIDENCE."

"II. THE COURT ERRED IN DENYING CLAYTON'S MOTION FOR DIRECTED VERDICT."

"III. THE COURT ERRED BY DENYING CLAYTON'S PEREMPTORY INSTRUCTION."

"IV. THE COURT ERRED BY DENYING CLAYTON'S MOTION FOR A NEW TRIALAND IN THE ALTERNATIVE FOR A JUDGMENT NOTWITHSTANDING THEVERDICT."

"V. THE COURT ERRED IN OVERRULING THE MOTION OF CLAYTON TOSUPPRESS THE IDENTIFICATION EVIDENCE."

"VI. THE COURT ERRED IN DENYING CLAYTON'S OBJECTION TO STATE'S INSTRUCTION S-1."

"VII. NO EVIDENCE OF FEAR OF IMMEDIATE INJURY TO THE VICTIM TO EFFECTUATE THE TAKING OF THE PERSONAL PROPERTY WAS PRESENTED BYTHE PROSECUTION."

Finding no error, this Court affirms the circuit ...


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