JOHNNY LEWIS WASHINGTON A/K/A JOHNNY L. WASHINGTON, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/06/2013. TRIAL JUDGE: HON. JAMES T. KITCHENS JR. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.
JOHNNY LEWIS WASHINGTON, APPELLANT, Pro se.
FOR APPELLEE: LISA L. BLOUNT, OFFICE OF THE ATTORNEY GENERAL.
BEFORE GRIFFIS, P.J., CARLTON AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR.
¶1. Johnny Lewis Washington appeals the judgment of the Lowndes County Circuit Court, which denied his second motion for post-conviction relief (PCR) on December 6, 2013. On appeal, Washington argues that the circuit court erred by accepting his guilty plea to the charge of the armed robbery of Roy Thompson because it allegedly violated Washington's double-jeopardy rights. He claims that his prior conviction for the capital murder of J.K. Woods prohibited his later indictment and conviction of the armed robbery of Thompson. In affirming the trial court's dismissal in part and denial in part of Washington's first motion for PCR on a related issue, we held that double jeopardy posed no bar to Washington's subsequent prosecution for aggravated assault against a third victim, Elouise Clark. Washington v. State, 154 So.3d 34, 37-38 (¶ ¶ 3-5) (Miss.Ct.App. 2012) ( Washington II ). Upon review, we find that Washington failed to raise a threshold showing of a double-jeopardy violation due to his conviction for the capital murder of Woods and his subsequent conviction for the armed robbery of Thompson. Finding no error, we affirm.
¶2. This case involves Washington's prior conviction for the capital murder of Woods, as well as his subsequent conviction for the armed robbery of a second victim, Thompson. The procedural history shows that the Mississippi Supreme Court affirmed Washington's conviction of the capital murder of Woods on direct appeal in Washington v. State, 361 So.2d 61 (Miss. 1978) ( Washington I ). Washington filed two PCR motions in July 2011, one challenging his conviction for the aggravated assault of Clark, and the other challenging his armed-robbery conviction, which the trial court dismissed in part and denied in part.
¶3. This Court affirmed the trial court's judgment in Washington II, 154 So.3d at 41 (¶ 18), wherein Washington argued that the trial court erred in (1) treating his separate PCR motions, challenging the armed-robbery conviction and sentence and the aggravated-assault conviction and sentence, as one motion, and (2) finding his claims time-barred. In Washington II, this Court adopted the operative facts of this case as set forth by the supreme court in Washington I :
Woods Quick Pick, a Columbus, Mississippi convenience store, was robbed on the night of March 26, 1977, by two men armed with shotguns and wearing stocking masks. During the robbery, one of the bandits, later identified as Johnny Lewis Washington, at close range shot J.K. Woods, the proprietor of the store,
in the stomach with a long-barrel shotgun loaded with buckshot. Woods died about five hours later in a Columbus hospital.
Booker T. Cole, Jr. testified that between 7:30 and 8:00 p.m. on March 26, 1977, Johnny Washington contacted him and told him to come by his house because " he had something up." Sometime later, when Cole arrived at Washington's house, the defendant told Cole that they were going to rob a Quick Pick. Washington provided Cole with a stocking mask and a sawed-off shotgun, and they took up their station across the street from Woods Quick Pick. After assembling and loading their shotguns, when the coast was clear they ran across the street and into Woods Quick Pick store. J.K. Woods, owner of the store, Roy Thompson, an employee, and a female employee, Elouise Clark, were in the store.
Cole and Washington pointed their shotguns at Woods and Thompson, and told them to open the cash registers and " give us the money." Thompson began to put the money from the first cash register into a brown paper sack. Cole, the smaller and younger of the two robbers, found a bank ...