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Shinn v. State

Supreme Court of Mississippi

September 4, 2014

DARYL SHINN
v.
STATE OF MISSISSIPPI

OPINION WITHDRAWN

DATE OF JUDGMENT: 05/22/2013.

LOWNDES COUNTY CIRCUIT COURT, HON. LEE SORRELS COLEMAN, JUDGE.

TRIAL COURT ATTORNEYS: MARK JACKSON CARRIE JOURDAN.

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES.

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: MELANIE THOMAS.

DISTRICT ATTORNEY: FORREST ALLGOOD.

BEFORE RANDOLPH, P.J., LAMAR AND KITCHENS, JJ.

LAMAR, JUSTICE

¶1. Daryl Shinn was convicted of armed robbery and sentenced to twenty years in prison. He appeals to this Court, arguing that his conviction was contrary to the overwhelming weight of the evidence. We disagree and affirm his conviction.

FACTS AND PROCEDURAL HISTORY

¶2. On June 12, 2011, Tiya's Market in Columbus was robbed at gunpoint. After speaking with store employees and another eyewitness, the police developed Shinn as a suspect. They showed the store cashier a photo lineup, and she identified Shinn as the gunman. Shinn's mother gave permission to search her home (where Shinn resided), and the police recovered clothing from under Shinn's mattress that matched the description of that detailed by the eyewitnesses. Shinn was arrested and indicted for armed robbery in violation of Mississippi Code Section 97-3-79. He was tried on May 20-22, 2013, and the jury found him guilty.

¶3. At trial, the State presented five witnesses in its case-in-chief: store employees Christine Collins and Arthur Harrison, bystander eyewitness Tomeeker Drake, and Investigators Terry Dentry and L.C. Cockrell. After the State rested its case-in-chief, Shinn requested a directed verdict, which the trial court denied. Shinn then presented four witnesses in his defense: Javaris Cox, Malcom Turner, Travis Barker, and Mary Shinn. The State presented a brief rebuttal after the defense rested, recalling Investigators Dentry and Cockrell and calling Police Chief Selvain McQueen.

¶4. Shinn renewed his motion for directed verdict, which the trial judge again denied. After deliberation, the jury found Shinn "guilty as charged." The judge sentenced Shinn to twenty years in prison, to run consecutively with the sentence he was already serving.[1] Shinn filed a Motion for Judgment Notwithstanding the Verdict, or, In the Alternative, For a New Trial, which the trial judge denied. Shinn now appeals, arguing ...


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