TERRANCE MONTREAL JENKINS A/K/A TERRENCE JENKINS A/K/A TERRANCE JENKINS A/K/A T-BISKET APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 01/20/2016
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.
LEE, C.J., ISHEE AND GREENLEE, JJ.
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
AND PROCEDURAL HISTORY
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.
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.
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.
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.
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
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
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
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 ...