Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robins v. State

Court of Appeals of Mississippi

September 5, 2017

RODNEY N. ROBINSON A/K/A RODNEY ROBINSON A/K/A RODNEY PETER ROBINSON, JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/23/2016

         WEBSTER COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JOSEPH H. LOPER JR.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: BENJAMIN ALLEN SUBER

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

          DISTRICT ATTORNEY: DOUG EVANS

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

          ISHEE, J.

         FOR THE COURT:

         ¶1. Rodney Robinson was convicted in the Webster County Circuit Court for burglary of an occupied dwelling under circumstances likely to terrorize the occupant. As a result, he was sentenced to thirty-five years in the custody of the Mississippi Department of Corrections (MDOC). Robinson moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, which the circuit court ultimately denied. He now seeks relief from this Court. Finding no error, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. In October 2015, three men broke into Melvon Fason's home on Waterworks Road in Eupora, Mississippi. Officers Bradley Frost, Mitch Jackson, and Taylor Hitt were dispatched to Fason's home. Fason informed the officers that three black males, one wearing dark or black clothing, had broken into his home and likely stolen several guns.

         ¶3. Fason ultimately provided testimony through a pretrial deposition, as he was elderly and in poor health. Fason testified that three black males broke into his home, entering through the kitchen door. He further stated that only one of the men spoke, originally demanding money. Fason, however, informed them that he did not have any money-as a result, the men began rummaging through Fason's home and eventually stole two weapons, a muzzleloader and a locked breech pistol. Fason testified that he could not identify the men, though he knew they were three black males, and that one of the men had been wearing a jacket.

         ¶4. Once the officers secured the scene, Jackson stated that he left to search for any suspects that may be on foot. Jackson approached a familiar set of apartments known as Southwood Apartments, where he noticed three males-all fitting Fason's description-including one male dressed in all black clothing. Jackson arrested the men, but found no weapons in their possession. The three men were identified as Robinson, Dontarious Davis, and Joshua Johnson. Robinson was the only one clothed in all black. Jackson then brought the three men to Fason's home, but Fason was unable to identify any of the men, or provide any description better than that which he had previously given. And so, Robinson, Davis, and Johnson were all released that night.

         ¶5. The following day, Johnson attempted to sell a gun at a local pawn shop. Police were alerted, and Officer Greg Hunter took Johnson in for questioning; Johnson was seventeen years old at the time. Johnson ultimately gave a statement, the details of which he reiterated through his testimony at trial. Johnson testified that on October 10, 2015, he was with Robinson, Davis, and another male, Davarus Smith. He stated that he and the others purchased marijuana and began "trying to find something to get into." As they began walking around, Johnson said that he realized Robinson and Smith intended to burglarize a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.