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Robinson v. State

Court of Appeals of Mississippi

June 25, 2019

LAMPTON L. ROBINSON A/K/A LAMPTON ROBINSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/16/2018

          COURT FROM WHICH APPEALED: AMITE COUNTY CIRCUIT COURT TRIAL JUDGE: HON. FORREST A. JOHNSON JR.

          ATTORNEY FOR APPELLANT: WALTER FRED BEESLEY

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

          DISTRICT ATTORNEY: RONNIE LEE HARPER

          BEFORE CARLTON, P.J., GREENLEE AND McCARTY, JJ.

          MCCARTY, J.

         ¶1. Lampton Robinson was convicted of possession of a weapon by a felon and sentenced to serve three years in the custody of the Mississippi Department of Corrections. On appeal, Robinson argues that the trial court erred in denying his circumstantial-evidence jury instruction. We find no error and affirm.

         FACTS

         ¶2. Early one morning, Sasha Robinson, Lampton's sister, attempted to enter the home where her brother and their cousin had been living. Sasha and her boyfriend, Kevin White, were living in a camper next to Lampton's house. The door was locked, so Sasha approached her cousin's window. Sasha testified that Lampton opened the door and was holding a small, black gun. Sasha asked for the gun, but Lampton continued to wave the gun around before firing it once in the air.

         ¶3. Hearing the shot, Kevin exited the camper. Lampton then fired three or four shots toward him. Kevin retrieved his shotgun from the camper, loaded it, and fired back at Lampton four or five times. Both Sasha and Kevin testified that because of ample lighting in the area, they could clearly see Lampton holding a gun. Kevin later turned his shotgun over to law enforcement, but the gun Lampton used was never recovered.

         ¶4. Investigator Danny Meaux of the Amite County Sheriff's Department testified that he found four shells from a .380 caliber gun in the area where Lampton had been standing when he fired the gun at Kevin. Investigator Meaux also found shotgun shells in a fire pit nearby.

         ¶5. Jonathan Charleston, Lampton and Sasha's cousin, testified for Lampton. Jonathan was living with Lampton at the time. He testified that he was awoken by the first shot. When he went outside, Jonathan saw Lampton running away while Kevin was shooting at him. Jonathan said that he did not see Lampton with a gun, nor had he ever seen Lampton with a gun in the three years they had lived together. Jonathan further stated that Sasha told him to collect the shotgun shells and place them in the fire pit.

         ¶6. Lampton testified in his own defense. He stated that he did not own a gun and did not have one in his possession that night. Lampton testified that he and Kevin were yelling at each other when Kevin grabbed his shotgun and began ...


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