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Kinnel v. State

Court of Appeals of Mississippi

October 22, 2019

TANYATTA KINNEL A/K/A TANYATTA TANAY KINNEL A/K/A TANYATTA KINNELL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/11/2018

          TUNICA COUNTY CIRCUIT COURT HON. CHARLES E. WEBSTER TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

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

          GREENLEE, J.

         ¶1. Tanyatta Kinnel was convicted of conspiracy to commit armed robbery and attempted armed robbery, and she was acquitted of armed robbery. The trial court sentenced Kinnel to serve five years for conspiracy and ten years with five years suspended for attempted armed robbery, to be served concurrently in the Mississippi Department of Corrections. After the denial of her post-trial motion, Kinnel appealed, claiming the trial court erred by allowing an investigator to narrate part of a surveillance video at trial. Finding no reversible error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On October 17, 2016, Derek Phillips picked up Barry McCray (who lived in Memphis), and they drove to the Horseshoe Casino in Tunica, Mississippi. When they arrived at the casino, they shot dice at the craps table.

         ¶3. At some point during the evening, Phillips noticed a man (who was later identified as Cortez Watts) and a woman (who was later identified as Tanyatta Kinnel) at the blackjack table behind him. Phillips's game was going well, and Cortez asked him for a cigarette. As Phillips handed Cortez a cigarette, Phillips said, "[I am] a boss." Then at some point, Cortez disappeared, and Kinnel gave Phillips a napkin with her phone number on it.

         ¶4. Phillips and McCray left the casino around 3 a.m. and stopped at a gas station. While they were there, Phillips called Kinnel so she would have his number. Because it was late, Phillips and McCray planned to drive back to Memphis. But Kinnel told Phillips that she had lost all of her money at the casino and asked if he would bring her a Sprite from the gas station. So Phillips went inside the store and purchased a Sprite, cigarettes, and condoms. Then Kinnel gave him directions to a nearby apartment complex-Kirby Estates.

         ¶5. When they arrived at the apartment complex, Kinnel and another man (who was later identified as Javonta Watts) approached Phillips's vehicle. Javonta said that he liked Phillips's car. And then Kinnel asked Phillips to get out so that he could give her a hug. When Phillips got out of the vehicle, Cortez appeared and said, "You say you're the boss, right? Let me get that money you just won." A skirmish ensued until Cortez finally fell to the ground, pulled out a gun, and shot Phillips in the neck. Meanwhile, Javonta took McCray's cell phone. But McCray was able to run away and call the police with his other cell phone.

         ¶6. At trial, Phillips testified that if Kinnel had not asked for the Sprite, "none of this [would have] happened." And she was the only reason he went to Kirby Estates. Likewise, McCray testified that the reason they went to the ...


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