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Goldman v. State

Court of Appeals of Mississippi

May 5, 2015

LAKINTA GOLDMAN A/K/A LAKINTA LAVEGAS GOLDMAN A/K/A LAKINTA L. GOLDMAN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MONTGOMERY COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/08/2013. TRIAL JUDGE: HON. C.E. MORGAN III. TRIAL COURT DISPOSITION: CONVICTED OF COUNTS I AND II, ARMED ROBBERY; COUNTS IV AND V, KIDNAPPING; AND COUNT VII, POSSESSION OF A FIREARM BY A CONVICTED FELON, AND SENTENCED, AS A HABITUAL OFFENDER, TO THIRTY YEARS EACH FOR COUNTS I AND II; THIRTY YEARS EACH FOR COUNTS IV AND V; AND TEN YEARS FOR COUNT VII; WITH THE SENTENCES FOR COUNTS I, IV, AND VII TO RUN CONSECUTIVELY TO EACH OTHER BUT CONCURRENTLY WITH THE SENTENCES IN COUNTS II AND V, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

AFFIRMED.

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

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.

BEFORE GRIFFIS, P.J., ROBERTS, FAIR AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 890

JAMES, J.

¶1. Lakinta LaVegas Goldman was convicted of two counts of armed robbery, two counts of kidnapping, and one count of possession of a firearm by a felon. He was sentenced as a habitual offender to serve thirty years in the custody of the Mississippi Department of Corrections (MDOC) on each of the charges of armed robbery and kidnapping. Goldman was also sentenced to ten years in the custody of the MDOC on the charge of possession of a firearm by a felon. The sentences for one of the armed-robbery charges, one of the kidnapping charges, and the possession-of-a-firearm charge were ordered to run consecutively, and the sentences for the other armed-robbery and kidnapping charges were ordered to run concurrently, for a total of seventy years in MDOC custody. Goldman filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a motion for a new trial. The trial court denied the motion. Goldman appealed, and his counsel

Page 891

filed a Lindsey [1] brief on Goldman's behalf. Goldman filed a supplemental pro se brief raising the following issues: (1) whether Goldman was denied effective assistance of counsel when counsel failed to request an impeachment instruction in support of Goldman's defense; [2] (2) whether the State failed to prove the basis for a habitual-offender sentence enhancement; and (3) whether the trial court violated double jeopardy. Finding no error, we affirm.

FACTS

¶2. On May 22, 2012, at approximately 11 a.m., Karen Foreman was working as an assistant manager at the Dollar General in Duck Hill, Mississippi, along with a cashier, Shannon Bloom. At that time, one other customer was in the store, Angel Graham. Foreman was coming from the back of the store when she encountered a man wearing dark clothing and a mask. He had a gun and was threatening to shoot her. This man, along with another man similarly dressed, directed everyone in the store to kneel. Both Bloom and Graham testified that one of the men destroyed their cell phones and were violent and verbally abusive.

¶3. The man took Foreman to the back and started asking about the safe. Foreman told the man that the safe was in the front of the store at the registers. Foreman and the man went to the safe, and she gave the man the money in the safe, which was approximately $800. Foreman was told not to trigger the silent alarm, and a shot was fired. Foreman was then escorted to the back room and told to lie down with the other women in the store. Shortly thereafter, the women were told to run down a back aisle of the store; once they reached the end of the aisle, they were told to stay there. Foreman realized she had her cell phone with her and called 911. Within approximately five or six minutes, police were on the scene.

¶4. Deputy Tim Gholson of the Grenada Sherriff's Department spotted a 2002 GMC Yukon matching the description of the vehicle connected to the Dollar General store robbery. The vehicle was registered to Lakinta Goldman's wife. Deputy Ghoulson pursued the vehicle, and while in pursuit, items were thrown from the vehicle. The vehicle then veered off the highway, through barbed wire, and into the woods. The occupants of the vehicle left the car and fled on foot into the woods.

¶5. The items recovered from the scene were the black masks and Angel Graham's purse, as well as a bag similar to the one seen on the video surveillance from the store. The driver was later identified as Goldman and the passenger was identified as Kunta Kinta Harbin. Harbin was apprehended later that day and identified Goldman as the other suspect. Harbin submitted to DNA testing and had his fingerprints taken. Harbin's fingerprints matched fingerprints recovered from the driver's side of the vehicle, and gunshot residue was also found around the fingerprints.

¶6. On May 26, 2012, Goldman turned himself in to the sheriff's department and was read his Miranda [3] rights. During the interview, Goldman stated that he was in Jackson, Mississippi, earlier on May 24, 2012, and bought $1,800 worth of marijuana.

Page 892

When returning to Duck Hill, he encountered Harbin stranded on the side of the road and offered to help. After picking Harbin up, Goldman committed a traffic violation and fled because of the marijuana in his vehicle.

¶7. On April 3, 2013, a jury trial was held. Harbin testified as a State's witness as part of a plea bargain. Under the plea bargain, he would not receive more that twenty years for his part in the armed robbery. Harbin testified that he and Goldman committed the robbery, held Foreman, Graham, and Bloom at gunpoint, fled the scene, and then later fled on foot from police officers. Harbin also testified that he ...


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