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McClendon v. State

Court of Appeals of Mississippi

December 2, 2014

RYAN MCCLENDON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 02/13/2013.

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. THOMAS J. GARDNER III. TRIAL COURT DISPOSITION: CONVICTED OF ARMED ROBBERY AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FIFTEEN YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION.

ATTORNEY FOR APPELLANT: JONATHAN W. MARTIN.

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

DISTRICT ATTORNEY: JOHN RICHARD YOUNG.

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

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

IRVING, P.J.

¶1. A Lee County jury found Ryan McClendon guilty of armed robbery. The circuit court sentenced McClendon to twenty-five years in the custody of the Mississippi Department of Corrections, with fifteen years suspended and five

Page 1190

years of post-release supervision. Aggrieved, McClendon appeals, asserting that his trial counsel was ineffective and that the verdict was against the overwhelming weight of the evidence.

¶2. Finding no reversible error, we affirm.

FACTS

¶3. On the evening of November 20, 2010, Nancy Hudson was getting into her mother's car, which was parked in a well-lit area on Jackson Street in Tupelo, Mississippi, when McClendon, who was dressed in all black with a black toboggan cap, walked across the street toward Nancy, held a gun to her head, and demanded that she give him ...


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