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Wallace v. State

Court of Appeals of Mississippi

October 14, 2014

ANTONIO DANIEL WALLACE A/K/A ANTONIO WALLACE A/K/A ANTONIO D. WALLACE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/06/2013. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: CONVICTED OF COUNT I, ARMED ROBBERY, AND SENTENCED TO THIRTY-FOUR YEARS; COUNT II, KIDNAPPING, AND SENTENCED TO THIRTY-FOUR YEARS; AND COUNT III, CONSPIRACY TO COMMIT ARMED ROBBERY, AND SENTENCED TO FIVE YEARS, WITH ALL SENTENCES TO RUN CONCURRENTLY AND TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

AFFIRMED.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: JUSTIN TAYLOR COOK.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

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

OPINION

Page 1185

NATURE OF THE CASE: CRIMINAL - FELONY

LEE, C.J.

PROCEDURAL HISTORY

¶1. A jury in the Madison County Circuit Court convicted Antonio Daniel Wallace of Count I, armed robbery; Count II, kidnapping; and Count III, conspiracy to commit armed robbery. Wallace was sentenced to thirty-four years on Count I, thirty-four years on Count II, and five years on Count III, with all sentences to run concurrently and be served in the custody of the Mississippi Department of Corrections.

¶2. Wallace's post-trial motions were denied. He now appeals, asserting the following issues: (1) insufficient evidence; (2) the verdict is against the overwhelming weight of the evidence; and (3) the trial court erred in admitting his prior conviction into evidence.

FACTS

¶3. On November 28, 2011, Kimberly Lewis, assistant manager at Sand Dollar Lifestyles in Ridgeland, Mississippi, was leaving the store to deposit money at the bank when she was approached by an armed male, later identified as Demarcus Timmons. Timmons got into Lewis's car and told her to drive into the back parking lot of the Embassy Suites Hotel, also in Ridgeland. Timmons took five dollars from Lewis's wallet, her driver's license, her cell phone, and her car keys. Timmons also took the store deposits, totaling approximately eight thousand dollars. Timmons then fled the scene.

¶4. Kenisha Rush also worked at the store as an assistant manager. There was testimony at trial that Rush's boyfriend, Antonio Wallace, concocted a plan for Timmons, his cousin, to rob Lewis in the parking lot of the store. Wallace thought he would be ...


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