Terrance Montreal Jenkins v. State of Mississippi
2016-KA-00206-COA
| Miss. Ct. App. | May 2, 2017Background
- On Dec. 22, 2014, Henry Hampton cashed a settlement check and had about $3,600 in cash; Terrance Jenkins, Centrelle Neal, and Carter Neal planned to rob him.
- Jenkins drove Hampton to a secluded road, grabbed Hampton’s recently purchased handgun, fired it several times, placed it out of Hampton’s reach, and a physical struggle ensued.
- Hampton fled into the woods injured and disoriented; Jenkins emerged holding money and a gun. Some stolen money was later recovered.
- Deputy Rodney Spencer met Jenkins after being contacted; Jenkins handed Hampton’s gun to Spencer and said Hampton tried to shoot him.
- Jenkins was indicted, tried, and convicted of armed robbery; sentenced to 20 years (10 to serve) plus supervision and restitution. Jenkins appealed raising three issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support armed-robbery conviction | State: evidence showed Jenkins brought a gun, seized Hampton’s gun, fired it, held a gun while claiming the money, and Hampton was fearful — supporting armed robbery. | Jenkins: no proof he exhibited a deadly weapon to put Hampton in fear; Hampton never saw Jenkins point a gun at him. | Held: Evidence was sufficient; a rational jury could find Jenkins used a gun to place Hampton in fear. |
| Weight of the evidence | State: evidence supports the jury verdict; no unconscionable injustice. | Jenkins: the evidence shows a violent taking but not that the taking was accomplished by putting Hampton in fear via weapon display. | Held: Verdict not contrary to the overwhelming weight of the evidence; will not disturb jury. |
| Constructive amendment via jury instruction (S‑3 / instruction 5) | State: instruction tracked statutory language and did not broaden elements; inclusion of "by violence to his person" mirrored statute and simple‑robbery instruction. | Jenkins: instruction varied from indictment by adding "by violence to his person," lowering State’s burden and constructively amending the indictment. | Held: No constructive amendment; variance did not alter essential elements or prejudice Jenkins. |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (standard for sufficiency and weight review)
- Nolan v. State, 61 So. 3d 887 (sufficiency review standard applied)
- Blue v. State, 827 So. 2d 721 (victim’s assumption of weapon use insufficient; need actual evidence of exhibition)
- Clayton v. State, 759 So. 2d 1169 (proof required that victim was placed in fear as a means to accomplish robbery)
- Bell v. State, 725 So. 2d 836 (constructive amendment principle: instructions cannot broaden grounds for conviction)
- Edwards v. State, 469 So. 2d 68 (related to standard for reversing on sufficiency grounds)