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Jenkins v. State

Court of Appeals of Mississippi

May 2, 2017

TERRANCE MONTREAL JENKINS A/K/A TERRENCE JENKINS A/K/A TERRANCE JENKINS A/K/A T-BISKET APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/20/2016

         LEFLORE COUNTY CIRCUIT COURT, HON. RICHARD A. SMITH.

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

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD.

          DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON.

          BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

          ISHEE, J.

         ¶1. Terrance Jenkins was convicted in the Leflore County Circuit Court of armed robbery and sentenced to twenty years in the custody of the Mississippi Department of Corrections (MDOC). Jenkins brings three issues for our review: (1) whether there was sufficient evidence to support the verdict; (2) whether the verdict was contrary to the overwhelming weight of the evidence; and (3) whether jury instruction 5, offered as S-3, constructively amended his indictment. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In December 2014, Henry Hampton cashed a settlement check that stemmed from a motor-vehicle accident, in an amount of approximately $4, 000. Then Hampton purchased a new pistol-leaving him with $3, 600 cash in his pocket. Jenkins, Centrelle Neal, and Carter Neal learned of Hampton's settlement proceeds, and they devised a plan to rob him. Jenkins called around to some of his friends until he eventually found where Hampton was located. Next, Jenkins, Centrelle, and Carter picked Hampton up, and drove to the liquor store. At trial, Carter testified that Jenkins was carrying a gun of his own, but he did not have any ammunition. While Hampton was inside the liquor store, the three men discussed their plan to rob Hampton. Hampton got back in the vehicle, and the group left the liquor store.

         ¶3. Next, Jenkins drove to a secluded road, and said that he had to stop to use the restroom. When Jenkins got out, Hampton also got out so that he could shoot the gun that he had purchased earlier that day. Jenkins asked Hampton if he could shoot Hampton's gun. Jenkins snatched Hampton's gun, shot it several times, and then put the gun on the floorboard of the driver's side of the vehicle.

         ¶4. According to Carter, Jenkins told Hampton to come shoot the gun again. Then Jenkins grabbed Hampton, choked him, and pushed him to the ground. Just as they had planned, Centrelle got out and attempted to grab Hampton's money from his pants pocket. But Hampton fought back, and Centrelle failed to get the money. During the course of the scuffle, Jenkins punched Hampton in the face. Hampton fled to the woods-with Jenkins chasing after him.

         ¶5. Jenkins emerged from the woods holding both his own gun and the money. Then Jenkins, Centrelle, and Carter drove to the "Triple Stop"-a local gas station. While there, one of the three contacted Deputy Rodney Spencer, and had Spencer meet Jenkins at the car wash. Before Spencer arrived, Jenkins hid the money and his gun in the back of the vehicle.

         ¶6. Once Spencer arrived at the car wash, and he and Jenkins started talking, Centrelle and Carter drove off. During Jenkins and Spencer's conversation, Jenkins told him that Hampton had tried to shoot and kill him. Jenkins told Spencer that he was able to take Hampton's gun away from him during the altercation. Jenkins then handed Hampton's gun to Spencer.

         ¶7. Spencer and Jenkins then rode to the scene of the incident-where they found Hampton staggering down the road. Hampton was disoriented, he was bleeding from his nose and mouth, and he was upset. Spencer then called an ambulance, and Hampton was rushed to the hospital. While at the hospital, Hampton told a number of people that he was robbed by Jenkins, Carter, and Centrelle. After further investigation, and the recovery of some of the stolen money, Jenkins was detained, and later indicted on the charge of armed robbery.

         ¶8. At trial, Hampton testified that he never saw Jenkins point a weapon at him during the entire incident. Yet Hampton testified that he was fearful that he would get shot. And when asked if he was worried that he might be shot by Jenkins, Hampton testified that he was worried. At trial, the State presented six witnesses-all of whom testified about the events surrounding the robbery. The defense counsel, however, did not call any witnesses, and conceded that while the State had proven that Jenkins robbed Hampton, the State did not prove that Jenkins used a gun during the robbery. And so, the defense counsel moved for a directed verdict, which the trial judge denied.

         ¶9. After considering all of the evidence that was presented, and having been instructed on both armed robbery and simple robbery, the jury found that Jenkins was guilty of armed robbery. Jenkins was then sentenced to a term of twenty years in the custody of the MDOC, with ten years to serve followed by five years of post-release supervision and five years of unsupervised probation. On January 20, 2016, Jenkins moved for a judgment ...


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