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Hammonds v. State

February 09, 1999

DURVILLE ANTONIO HAMMONDS AND ANDRA APPELLANTS FLEMING A/K/A ANDRE FLEMMING
v.
STATE OF MISSISSIPPI APPELLEE



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

The opinion of the court was delivered by: Bridges, C.j.

DATE OF JUDGMENT: 07/18/97

TRIAL JUDGE: HON. GEORGE READY

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: GUILTY OF CONSPIRACY, BURGLARY AND GRAND LARCENY; 15 YEARS WITH NINE SUSPENDED

DISPOSITION: AFFIRMED - 2/9/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Durville Antonio Hammonds and Andre Fleming were convicted in the DeSoto County Circuit Court of conspiracy to commit burglary (Count I), burglary of a dwelling (Count II) and grand larceny (Count III). Each was sentenced to five years suspended for Count I, fifteen years with nine years suspended, a fine of $500 and $100 to the Mississippi Crime Victims' Fund for Count II, and five years suspended for Count III. The sentences imposed in Count I and Count III are to run consecutively to the sentence imposed in Count II. Hammonds and Fleming appealed their conviction based on several assignments of error. Finding the assignments of error meritless, we affirm.

FACTS

¶2. On December 13, 1996, at about 9:00 or 9:30 a.m. Brian Williams glanced out the front window of his house on Walnut Grove Street in Horn Lake and noticed an unfamiliar yellow Chevette pull into the driveway of a house across the street. In the car were four persons, a black female, two black males, and a white male. As Williams watched, the woman, later identified as Nishiki Nelson, got out of the car, went to the front door of the house, knocked repeatedly on the door, and then returned to the car.

¶3. The yellow Chevette backed out of that driveway and pulled into the driveway at 6370 Walnut Grove Street where Scott and Carolyn McQueen resided. Nelson again got out of the car, went into the carport, and knocked repeatedly on the door. The larger of the two black males, Durville Antonio Hammonds, got out of the car and stood beside Nelson at the door. The driver, Robert Eugene Garcia, backed the vehicle out of the driveway out to the street, turned the car around and then backed it into the driveway under the carport. Williams called 911.

ΒΆ4. Garcia and the other black male, Andre Fleming, got out of the car and joined Nelson and Hammonds. Hammonds, who was wearing shorts, kicked the door open and all four persons entered the residence. Williams watched from his window as Fleming, Hammonds, Nelson, and Garcia carried personal ...


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