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Hedrick v. State

Court of Appeals of Mississippi

March 14, 2017

ROBERT HEDRICK A/K/A PLUM APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/28/2015

         CLAIBORNE COUNTY CIRCUIT COURT HON. LAMAR PICKARD JUDGE

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

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL LAURA HOGAN TEDDER

          DISTRICT ATTORNEY: ALEXANDER C. MARTIN

          BEFORE GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.

          ISHEE, J.

         ¶1. In September 2015, Robert Hedrick was convicted by a jury in the Claiborne County Circuit Court of burglary of a dwelling. Hedrick was sentenced as a "nonviolent" habitual offender, to serve a term of twenty-five years in the custody of the Mississippi Department of Corrections (MDOC). Hedrick filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The circuit court denied the motion. Hedrick's appeal was assigned to the Office of State Public Defender, Indigent Appeals Division (IAD). His attorney asserted in his appellate brief that he had conducted a good-faith inquiry into arguable issues for appeal but ultimately could find none. Having reviewed the record, we also find no valid issues suitable for review and affirm the circuit court's judgment.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. Dolores Hubbard and her companion John Dickey shared a home in Pattison, Mississippi. On January 16, 2015, Dickey was in the intensive-care unit at a hospital in Vicksburg, Mississippi, where Hubbard remained overnight with Dickey. Upon arriving back at her home on January 17, 2015, Hubbard realized her home had been burglarized. Items reportedly taken from the home included small sums of money, a laptop computer, a camera, a cordless drill, and guns. Hubbard also discovered that the burglar-bars-protecting a window located on the side of the home-had been pried open. Hubbard then contacted the Claiborne County Sheriff's Office to report the incident.

         ¶3. Days later, while at a store in Pattison, Hubbard noticed a woman she had spoken with, Laquisha Wilson, was in possession of her stolen laptop. Hubbard reported this interaction to the sheriff's office. The sheriff's office appeared on scene, but recovered no items at that time. Hubbard returned to the store on a separate day and was approached by Carl McDaniel, who claimed that he could get Hubbard's laptop back for her. Investigator Michael Wells of the sheriff's office eventually spoke with Wilson and McDaniel regarding the laptop. Wilson and McDaniel informed Wells they had received the laptop from Hedrick. McDaniel subsequently surrendered the laptop to Wells.

         ¶4. Hubbard later spoke with her son, Derrick Jones, who informed her that Hedrick wished to speak with her regarding the burglary. Hubbard testified that Hedrick thereafter came to her home on several occasions, accompanied at various times by Malcolm Hedrick, Jonathan Townsend, and Hedrick's wife, Shetonia. Hubbard stated that Hedrick admitted breaking into her home, but that Hedrick did so under the influence of Townsend. During the course of Hubbard and Hedrick's first conversation, Hubbard requested information on the missing items; she later learned that another item, a screwdriver set, had been taken as well. With regard to the money that was stolen, Hedrick allegedly told Hubbard that Malcolm and Townsend must have reentered the house after him and were responsible for the stolen money. Hubbard then testified that Hedrick offered her money for the missing items, which she declined. Dickey testified to hearing Hedrick's admission to Hubbard. Jones, however, testified that after Hedrick admitted breaking-in to Hubbard, Hedrick told Jones he was instead a lookout for Malcolm and Townsend.

         ¶5. Sheriff Marvin Lucas testified that Hedrick phoned him to inform him that Hedrick was in possession of the camera and the drill, but that Hedrick claimed he found the items in the woods. Lucas later went to Hedrick's house and retrieved the items. In his defense, Hedrick presented testimony through his brother, Stefano Hedrick. Stefano stated that he, his father, Hedrick, and Shetonia remained at the home all day and night on January 16, 2015, and the morning of January 17, 2015. Shetonia testified to the same effect. Shetonia also testified that Hedrick never admitted participating in the burglary to Hubbard while in Shetonia's presence. She further testified that Hedrick obtained the items from a young boy, who claimed to have found the items lying in a ditch.

         ¶6. After a trial, the jury returned a guilty verdict convicting Hedrick of burglary of a dwelling, and he was sentenced to a term of twenty-five years' imprisonment in the custody of the MDOC. He filed a motion for a JNOV or, in the alternative, a new trial. The circuit ...


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