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Lloyd v. State

Court of Appeals of Mississippi

August 1, 2017

RALPH EDWARD LLOYD A/K/A DIRT A/K/A RALPH LLOYD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/17/2016.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          DISTRICT ATTORNEY: MICHAEL GUEST

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          GRIFFIS, P.J.

         ¶1. Ralph Edward Lloyd a/k/a "Dirt" was convicted of armed robbery and conspiracy to commit armed robbery, in violation of Mississippi Code Annotated sections 97-3-79 and 97-1-1 (Rev. 2014). For armed robbery, Lloyd was sentenced to forty-five years, with ten years suspended and an additional five-year sentence enhancement under Mississippi Code Annotated section 97-37-37(1) (Rev. 2014) for the use of the firearm. He was sentenced to five years for conspiracy. The sentences for armed robbery and conspiracy, as well as the firearm enhancement, were ordered to run concurrently. He filed a motion for a new trial or a judgment notwithstanding the verdict (JNOV). The circuit judge denied the motion, and Lloyd appealed. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Around noon on October 15, 2015, Canton police officers responded to a radio call for a robbery. The victim, Arthur James Luckett, reported that he was robbed at gunpoint by four men wearing Halloween masks. Luckett owned a lawn-maintenance company and had been working in the area of Mary Court in Canton. He informed police that he was approached from behind and heard a voice tell him that he was being robbed. Luckett turned around and found that he was being held at gunpoint. While one man held the gun, a second person reached into his pockets and removed his money. He reported that the men took $500 in cash and one money order. After the robbery, the men ran off.

         ¶3. The police searched the area but were unable to locate the suspects or any evidence from the crime. During their search, an investigator came upon Kendoirus Hobson sitting on a porch. Hobson was known to police as a former criminal informant and also for his prior criminal convictions. When asked about the robbery, Hobson named "Willow, " "Collier, " "Dirt, " and "Dick" as the perpetrators. Dirt is Lloyd's nickname.

         ¶4. In his statement, Luckett told police that two of the men wore ghost-like Halloween masks and one man wore a gorilla mask. He was unable to identify the fourth mask. Luckett also told police that he was familiar with the voice of the robber. He identified the speaker as Willie Louis ("Willow"). He reported that he had known Willow and his family for years and that Willow had previously worked for him.

         ¶5. Based on these statements, the police questioned Willow. Willow, who was fourteen years old at the time, initially denied his involvement. But he provided the names of two potential suspects. In a subsequent interview, Willow changed his story. He continued to deny his involvement, but he told police that Lloyd, Dick, and Collier had participated. At trial, he testified that just before the robbery he had been with Lloyd, Dick, Collier, and "Mane Mane" at Lloyd's house. He further testified that Lloyd handed out masks and participated in the robbery. In exchange for his testimony, Willow entered a guilty plea to simple robbery, and the district attorney's office recommended a sentence of fifteen years' imprisonment.

         ¶6. At the trial, Hobson testified that he was with several of the suspects at Lloyd's house when the others planned the robbery. According to Hobson, Lloyd was among the group and had gone into his house to retrieve a backpack that contained ski masks. Hobson further testified that he stood at the edge of the driveway and observed the men as they went around Lloyd's house, put on the masks, and went down the street to rob the victim.

         ¶7. A jury convicted Lloyd of armed robbery and conspiracy to commit armed robbery. The circuit judge sentenced him to forty-five years, with ten years suspended and an additional five years for the use a firearm in the commission of an armed robbery. He was sentenced to five years for conspiracy to commit armed robbery. The sentences were ordered to be served concurrently in the custody of Mississippi Department ...


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