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Parker v. State

Court of Appeals of Mississippi

June 5, 2018

TRADARIUS PARKER A/K/A TRADARIUS KEONTA PARKER A/K/A TRADARIUS K. PARKER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/13/2017

          CLAIBORNE COUNTY CIRCUIT COURT OFFICE OF STATE PUBLIC DEFENDER HON. LAMAR PICKARD TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: BENJAMIN ALLEN SUBER GEORGE T. HOLMES

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          BEFORE LEE, C.J., CARLTON AND WESTBROOKS, JJ.

          CARLTON, J.

         ¶1. Tradarius Parker was convicted of robbery in the Claiborne County Circuit Court. Prior to his robbery trial, and in a separate cause number, Parker pleaded guilty to receiving stolen property. At Parker's sentencing hearing, the trial court sentenced Parker as follows: eight years in the custody of the Mississippi Department of Corrections (MDOC) for the robbery conviction and five years in the custody of the MDOC for the receiving stolen property conviction. The trial court ordered that both sentences run concurrently.

         ¶2. Parker now appeals his convictions and sentence. Parker's counsel filed a brief pursuant to the Mississippi Supreme Court's holding in Lindsey v. State, 939 So.2d 743 (Miss. 2005), stating that he found no appealable issues. After notice of the filing, Parker had the opportunity to file a pro se brief, but he failed to do so. Finding no error, we affirm the trial court's judgment.

         FACTS

         ¶3. On April 27, 2016, three men broke into Jessica Joe-Cabblah's home in Claiborne County. At trial, Joe-Cabblah told the jury that the men held her at knife point and proceeded to take possessions from her home. Joe-Cabblah admitted that the home was dark at the time and that she could not distinguish the exact identity of the assailants. Joe-Cabblah, however, told the jury at trial that she identified Parker in a lineup as one of the assailants based on his eyes and a tattoo on his face.

         ¶4. On April 28, 2016, Parker went to see Claiborne County Detective James Jefferson. Parker waived his Miranda[1] rights and chose to make a statement to the detective. His first statement denied any involvement. Parker's second statement came on April 29, 2016, after spending a night in the custody of the Claiborne Police Department. In his second statement, Parker admitted knowing about the robbery and being the driver of the vehicle involved in the robbery.

         ¶5. A Claiborne County grand jury indicted Parker for robbery using a deadly weapon, pursuant to Mississippi Code Annotated section 97-3-79 (Rev. 2014) (Count I), and burglary, pursuant to Mississippi Code Annotated section 97-17-23 (Rev. 2014) (Count II).[2] The State proceeded to prosecute Parker only for the robbery charge.

         ¶6. At a trial held on January 17, 2017, the jury heard testimony from Joe-Cabblah concerning what she saw on the night of the robbery and pertaining to how she identified Parker. The jury heard further testimony from Detective Jefferson. Detective Jefferson told the jury that Parker had given two statements. The second statement was taken after Parker had requested to speak with Detective Jefferson. In that second statement, Parker admitted driving the car, but he denied entering the home and participating in the robbery of Joe-Cabblah's home.

         ¶7. At trial, Parker testified in his own defense. Parker stated that on the night of the crime he came to Claiborne County around 11:00 p.m. to drop his daughter off with her mother. Parker denied any involvement in the robbery, consistent with his first statement to the police. He later denied his second statement to Detective Jefferson admitting involvement. Parker claimed that he ...


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