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Oliver v. State

Court of Appeals of Mississippi

July 25, 2017

JOHN ED OLIVER, II A/K/A JOHN ED OLIVER A/K/A JOHN OLIVER A/K/A JOHN OLIVER, II A/K/A JOHN EDWARD OLIVER, II APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/02/2016

         DESOTO COUNTY CIRCUIT COURT HON. ROBERT P. CHAMBERLIN JUDGE

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

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY T. GERBER

          DISTRICT ATTORNEY: JOHN W. CHAMPION

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

          GRIFFIS, P.J.

         ¶1. John Ed Oliver II was convicted of the armed robbery of Christian Rone. On appeal, Oliver argues an insufficiency of the evidence since the State of Mississippi failed to prove that the taking was effectuated through fear of immediate injury to Rone. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Oliver and Danny Kaye Hubbard Jr. were indicted on the charges of Count I, conspiracy to commit armed robbery, and Count II, armed robbery. The State proceeded to trial against Oliver on Count II only.[1]

         ¶3. At trial, Rone testified that, on November 16, 2013, he was riding his skateboard on the sidewalk when Oliver pulled up beside him in a vehicle. Rone and Oliver were acquaintances from high school. There was a passenger in the vehicle with Oliver whom Rone recognized, but did not know his name.

         ¶4. Oliver asked Rone to use his cellphone. Rone agreed to let Oliver borrow his phone. Rone stated that Oliver pushed a few buttons and then indicated that he was going to keep the phone. When Rone asked that Oliver return the phone, Oliver said he was going to keep it. Rone demanded that Oliver return the phone, to which Oliver replied, "Who do you think you're talking to?" According to Rone, Oliver then reached under the seat and pulled out a gun. Rone asked Oliver to return the phone, and Oliver replied, "No, I don't think you know who you're talking to." According to Rone, Oliver then cocked the gun and pointed it at him.

         ¶5. Rone continued to ask for his phone. However, Oliver started to drive off in the vehicle. At that point, Rone grabbed on to the side of the car window. Oliver continued to drive, throwing Rone off the vehicle. Rone subsequently told his parents about the incident and called the police.

         ¶6. When asked how he felt when the gun was exhibited, Rone testified:

I felt pretty scared. At the split second it happened, I felt shock, a lot of shock. I mean, at first when he just gestured at me, I was like I know he's just kidding, but then as soon as he cocked the gun, everything kind of dropped, and it got really serious at that moment. I was really scared, but I still tried to make one desperate move about it, and then when he drove off, I knew it was over with. I knew he was still pointing the gun at me while he was still driving though.

         Rone explained that he did not have "a whole lot of time" to think since the entire incident lasted approximately three minutes.

         ¶7. Detective Todd Samples testified that Rone's phone was recovered at Oliver's residence. Following Oliver's arrest, Detective Samples conducted two interviews with Oliver. During his initial interview, Oliver indicated that he was the only person in the vehicle and denied the presence of a gun. "A couple of days" after the first interview, Oliver requested a second interview. During the second interview, Oliver stated that Hubbard was in the vehicle with him at the time of the incident and that ...


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