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Pritchett v. State

Court of Appeals of Mississippi

March 25, 2014

FREDERICK DEVON PRITCHETT A/K/A FREDERICK PRITCHETT A/K/A FREDERICK D. PRITCHETT, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/28/2012. TRIAL JUDGE: HON. LESTER F. WILLIAMSON JR. TRIAL COURT CONVICTED OF COUNT I, ARMED ROBBERY, AND SENTENCED TO THIRTY YEARS; COUNT II, KIDNAPPING, AND SENTENCED TO FIFTEEN YEARS; AND COUNT III, AUTO THEFT, AND SENTENCED TO TEN YEARS, WITH ALL SENTENCES TO RUN CONSECUTIVELY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND ORDERED TO PAY A FINE OF $1,000 AND RESTITUTION OF $3,456.

DISPOSITION: AFFIRMED.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: BENJAMIN ALLEN SUBER.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

BEFORE GRIFFIS, P.J., ROBERTS, FAIR AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. IRVING, P.J., CONCURS IN RESULT ONLY.

OPINION

Page 858

NATURE OF THE CASE: CRIMINAL - FELONY

JAMES, J.

¶1. Frederick Devon Pritchett appeals his convictions of armed robbery, kidnapping, and auto theft. He argues the verdicts were against the weight of the evidence because of conflicting trial testimony and a lack of physical evidence connecting him to the crimes. Finding no error, we affirm.

FACTS

¶2. On October 21, 2011, Theresa Ivy was leaving the Cash King in Meridian, Mississippi, when a man approached her in the parking lot. The man walked up behind her as she neared her car, shoved her, and said, " B****, get in the car; get in; get in." The man was holding a gun, so she complied. She crawled over the driver's seat and into the passenger's seat. The man got behind the wheel, and another man got into the back seat. The driver drove off with Ivy still in the car. The men told Ivy they were going to kill her and demanded money. Ivy only had

Page 859

$4, which the men took. They also took Ivy's purse, her house keys, the keys to the Cash King, her insulin, all her identification, and her cell phone. The driver drove back to the Cash King and demanded that Ivy open the safe. The men took approximately $2,500 to $2,600 in cash, as well as the store's deposits and checks.

¶3. Ivy was then escorted back to her car, and the men continued driving around town. Finally, the driver stopped the car. He started to get out, but the man in the back seat stopped him, saying: " [L]et me take care of this." The man got Ivy out of the car and told her that if she wanted to live, she would do as he said. He told her that he was going to hit her, and when he did, she must fall to the ground and remain silent. Ivy complied, and the men drove away in her car. She lay on the ground until the car was gone. She was unable to walk to find help, since the men had taken her cane. So she crawled through the woods toward a neon light. When law enforcement found her, she was covered in scratches, and her eye was bruised.

¶4. Ivy identified Pritchett in a photographic lineup as the man who drove her car and robbed her. Pritchett was arrested and tried. He was found guilty by a Lauderdale County jury of armed robbery, kidnapping, and auto theft. He was sentenced to thirty years for armed robbery, fifteen years for kidnapping, and ten years for auto theft. The sentences were ordered to run consecutively, all in the custody of ...


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