RODNEY N. ROBINSON A/K/A RODNEY ROBINSON A/K/A RODNEY PETER ROBINSON, JR. APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/23/2016
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
IRVING, P.J., ISHEE AND GREENLEE, JJ.
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.
OF FACTS AND PROCEDURAL HISTORY
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.
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.
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.
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 ...