95 So. 3d 685
Miss. Ct. App.2011Background
- Young was convicted by a jury of armed robbery and possession of a firearm by a convicted felon in the Circuit Court of Hinds County.
- He was sentenced to 30 years for armed robbery (including a 10-year habitual-offender enhancement running consecutively) and 10 years for possession of a firearm by a convicted felon, with the latter to run concurrently to the armed-robbery sentence.
- The circuit court denied Young’s motion for JNOV or a new trial, and he timely appealed.
- :
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of armed robbery to support the conviction? | Young argues the gun was not a deadly weapon. | State contends the gun was a deadly weapon and evidence supported exhibition. | No merit; evidence supported deadly weapon and fear elements. |
| Was there sufficient evidence Young possessed a firearm as a convicted felon? | Young contends possession element was not proven beyond a reasonable doubt. | State shows Young possessed a firearm and had a felony conviction. | Meritless; elements proven; gun need not be operable. |
| Did the evidence establish the fear element required for armed robbery? | Young claims fear element not proven beyond a doubt. | State argues witness fear or anticipation of injury satisfied element. | Without merit; fear element satisfied by testimony that victim anticipated injury. |
| Did the evidence support the firearm-offense conviction given the felon in possession statute? | Young challenges the linkage of possession and felony conviction. | State established possession and felony status; statute does not require operability. | Meritless; both prongs satisfied. |
Key Cases Cited
- Gladney v. State, 963 So.2d 1217 (Miss. Ct. App. 2007) (elements of armed robbery and deadly-weapon standard)
- Clayton v. State, 946 So.2d 796 (Miss. Ct. App. 2006) (deadly-weapon may be shown by testimony of a witness)
- Collins v. State, 817 So.2d 644 (Miss. Ct. App. 2002) (deadly-weapon status can be established without the weapon being loaded)
- Davis v. State, 530 So.2d 694 (Miss. 1988) (pistol declared a deadly weapon regardless of loaded status)
- Evans v. State, 957 So.2d 430 (Miss. Ct. App. 2007) (fear element can be fulfilled by anticipated injury)
- Harper v. State, 434 So.2d 1367 (Miss. 1983) (fear element interpretation in armed-robbery context)
- Conner v. State, 26 So.3d 388 (Miss. Ct. App. 2009) (standard for reviewing sufficiency of the evidence)