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Young v. State

Court of Appeals of Mississippi

May 1, 2018

CEDERIC YOUNG A/K/A CEDRIC YOUNG A/K/A CEDRIC DEMONE YOUNG A/K/A MONSTER SUPREME APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/24/2017

          OKTIBBEHA COUNTY CIRCUIT COURT HON. LEE J. HOWARD

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN TAYLOR COOK

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER

          DISTRICT ATTORNEY: SCOTT WINSTON COLOM

          BEFORE IRVING, P.J., FAIR, AND WILSON, JJ.

          FAIR, J.

         ¶1. Cedric Young was convicted of armed robbery, attempted murder, and being a felon in possession of a firearm. He was sentenced to serve fifty years in the custody of the Mississippi Department of Corrections. Young appeals his convictions, arguing that the court erred in dismissing a juror and that his counsel was ineffective. We find no abuse of discretion in the court's juror dismissal. Because Young's ineffective-assistance-of-counsel claim is better suited for a post-conviction relief motion, we dismiss his claim without prejudice.

         FACTS

         ¶2. On January 23, 2015, Starkville Police responded to an alarm at the B-Quik gas station in Starkville, Mississippi. When police arrived, they found the gas-station attendant, Timothy Crook, on the floor. He had been shot in the head. Crook was conscious and could talk to police. When emergency medical services arrived, they treated Crook, and he was transported from the scene. Crook survived the gunshot wound, but he later died from unrelated causes.

         ¶3. Greg Sharp, the store's owner, reviewed video surveillance of the gas station, downloaded a copy, and turned that copy of the video over to police. The video showed a black male in a red hooded sweatshirt entering the store, talking briefly, demanding money, and shooting Crook in the head.

         ¶4. A shell casing was found behind the counter next to Crook's feet. The bullet was found in the south window of the store. No fingerprints of any value were found in the area shown in the video.

         ¶5. Detective Jonathan Headley with the Starkville Police Department reviewed the tape and contacted Reginald Cannon, a paid informant who was on probation. Cannon watched the video and identified the person who robbed the store as "Monster" - Young's alias.

         ¶6. Detective Headley also showed the video of the incident to Young's mother and sister, Cathy King and Jessica Young. When Headley left King and Jessica alone in the room, a camera caught the two questioning whether the person in the video was Young, and arguably concluding that it was. King testified to the contrary at trial, stating that the man on the video was not Young. She testified that it was not his walk or his voice. King further testified that she did not recall saying that the man in the video was Young. On cross-examination, she reiterated that she still believed the person in the video was not Young. Jessica likewise ...


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