148 So. 3d 1045
Miss. Ct. App.2013Background
- Bank of Franklin robbery on Dec. 2, 2009; two masked men in camouflage stole about $92,000 after threatening tellers Smallwood and Langston.
- Foster, Wilson, and Butler were identified/arrested for the crime; Foster was indicted for armed robbery.
- At trial, Butler testified as a co-conspirator against Foster; bank tellers and officers corroborated some of his statements.
- Defense presented evidence to undermine Butler’s credibility and to suggest Foster did not participate or was not at the scene.
- Foster was convicted by a jury and sentenced to 40 years in MDOC; post-trial motions for judgment notwithstanding the verdict and new trial were denied.
- Appellant argues weight of the evidence is insufficient and the sentence is illegal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence supporting conviction | Foster argues Butler’s testimony alone is unreliable | State argues corroboration exists; credibility for jury to resolve conflicts | Conviction affirmed; not against the weight of the evidence |
| Legality of Foster's sentence | Foster contends forty-year sentence exceeds life expectancy | State contends proper under statute; actuarial tables not properly submitted or noticed | Forty-year sentence affirmed; no reversible error; indictment of preservation and plain-error issues discussed but not favorable to Foster |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight of the evidence standard for new-trial motions)
- Williams v. State, 5 So.3d 496 (Miss.Ct.App.2008) (abuse-of-discretion standard for sentencing; within statutory limits)
- Cox v. State, 793 So.2d 591 (Miss.2001) (procedural bar on life-expectancy claims; life-sentence analysis)
- Henderson v. State, 402 So.2d 325 (Miss.1981) (judicial notice of actuarial tables optional)
- Stewart v. State, 372 So.2d 257 (Miss.1979) (consideration of life expectancy and other factors in sentencing)
- Davis v. State, 866 So.2d 1107 (Miss.Ct.App.2003) (jury credibility determinations; weight of testimony)
- Catchings v. State, 394 So.2d 869 (Miss.1981) (un corroborated accomplice testimony may sustain a verdict with corroboration)
- Flanagan v. State, 605 So.2d 753 (Miss.1992) (accomplice testimony must be reasonable and not self-impeaching)