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Bell v. State

February 23, 1999

RODNEY BELL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEES



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

The opinion of the court was delivered by: McMILLIN, P.j.

DATE OF JUDGMENT: 05/21/1993

TRIAL JUDGE: HON. JOHN M. MONTGOMERY

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 05/21/1993: CT I AGGRAVATED ASSAULT: CT III ARMED ROBBERY: CT I SENTENCED TO A TERM OF 20 YRS IN THE MDOC; CT III SENTENCED TO 10 YRS IN THE MDOC; SAID SENTENCE TO RUN CONCURRENTLY WITH THE SENTENCE IMPOSED IN CT I

DISPOSITION: AFFIRMED - 2/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. The case now before the Court is an appeal by Rodney Bell of his criminal convictions for armed robbery and aggravated assault. Bell raises six issues for consideration by this Court which he argues require reversal of his convictions. We disagree and affirm the jury's verdict and resulting judgment.

I. Facts

ΒΆ2. Taken in the light most favorable to the State's theory of the case, the evidence shows that Bell and three companions were in a motor vehicle that was stopped in a public road. The vehicle was struck from the rear by another vehicle owned by Willie Jones and driven by his cousin, Joe Baldwin. Immediately after the accident, Bell and his companions emerged from their vehicle, all armed with firearms. One of them accosted the driver of the other vehicle and held him at gunpoint while others of the group removed a tape deck from the Jones vehicle. Another individual, Larry Easley, arrived on the scene and apparently made comments that Bell and his companions viewed as disparaging. As a result, someone suggested that Easley ought to be shot and Bell obliged by discharging his firearm striking Easley in the chest. Bell and his associates then departed the scene. Police were later able to locate the van in which Bell and the others were driving and discovered four firearms and the stolen tape deck in the vehicle. Bell did not deny ownership of one of the firearms and did not deny shooting Easley, claiming only that he had done so in ...


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