104 So. 3d 851
Miss. Ct. App.2012Background
- Jones was convicted of robbery by the Washington County Circuit Court on September 28, 2010 and sentenced to 15 years in the MDOC.
- Jones filed a post-trial motion (JNOV or new trial) on October 13, 2010, which the circuit court denied.
- The May 21, 2009 Kroger incident involved Jones grabbing money from a cash register while no weapon was displayed.
- Saloane resisted physically; Jones ultimately fled with about $220; no speech by Jones during the act.
- Police and store personnel testified, corroborated by surveillance video and Loretta’s testimony about her car being used.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Petit larceny instruction | Jones entitled to lesser offense instruction | No basis for petit larceny given violence | No error; violence supported no petit larceny instruction |
| Ineffective assistance of counsel | Counsel opened door to kidnapping evidence | Questions were trial strategy, not ineffective | No deficient performance; strategy fell within reasonable discretion |
Key Cases Cited
- Silas v. State, 847 So.2d 899 (Miss.Ct.App.2002) (no petit larceny where violent taking from the person is established)
- Downs v. State, 962 So.2d 1255 (Miss.2007) (de novo review of lesser-included-offense instructions)
- Thomas v. State, 48 So.3d 460 (Miss.2010) (standard for entitlement to a lesser-included instruction)
- Poole v. State, 826 So.2d 1222 (Miss.2002) (instruction must correctly state the law and be grounded in the evidence)
- Pruitt v. State, 807 So.2d 1236 (Miss.2002) (trial-strategy defense; identification challenges)
- Cole v. State, 666 So.2d 767 (Miss.1995) (early authority cited on trial strategy and evidence)