281 So.3d 137
Miss. Ct. App.2019Background
- In June 2016 Zartavious Jones (19) arranged via Instagram to trade for Nicholas Brusseau’s (16) Nike Air Jordans, Ferragamo belt, and True Religion shirt; Jones promised two pairs of Robin’s jeans in exchange.
- At the meeting Brusseau handed Jones the items; Brusseau testified Jones grabbed the items, produced a gun, pointed it at him, and fled in a car; Brusseau later realized the jeans were cheap Walmart jeans.
- Jones’s girlfriend, Alyssa Lagomarsino, who drove him to the meeting, testified she never saw Jones display a gun and said it was possible any weapon was concealed from her view; police recovered the taken items at Jones’s home but never recovered a gun.
- A DeSoto County grand jury indicted Jones for armed robbery; at trial the court refused Jones’s requested lesser-included instruction on petit larceny and the jury convicted him of armed robbery.
- Jones was sentenced to 30 years (10 suspended) and appealed, arguing (1) entitlement to a petit larceny instruction, (2) insufficiency of evidence for armed robbery, and (3) the verdict was against the overwhelming weight of the evidence.
- The Court of Appeals held the State produced sufficient evidence to sustain an armed-robbery conviction but reversed and remanded because the trial court erred by refusing the petit-larceny lesser-included instruction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Whether petit larceny was a warranted lesser-included offense of armed robbery | Instruction not supported because taking was from victim’s person/presence and evidence showed intimidation/weapon use | Evidence allowed a reasonable jury to find no gun was displayed; petit larceny instruction warranted | Reversed: court held a rational jury could find Jones committed larceny (stealth/trick) instead of robbery; instruction should have been given |
| Sufficiency of the evidence for armed robbery | Brusseau’s testimony that Jones pointed a gun and caused fear was enough for a rational jury to find every element | Jones argued insufficient proof of gun display and that he had possession before any gun use | Affirmed as to sufficiency: viewing evidence for the State, a rational juror could find armed robbery proven |
| Whether verdict was against overwhelming weight of the evidence (new trial) | Proof supported conviction; credibility was a jury question | Jury’s verdict was against the weight given conflicting testimony (girlfriend vs victim) | Denied: weight challenge failed because credibility and conflicts were for the jury to resolve |
Key Cases Cited
- Harveson v. State, 493 So. 2d 365 (Miss. 1986) (lesser-included-offense instruction must be given if warranted by the evidence)
- Downs v. State, 962 So. 2d 1255 (Miss. 2007) (de novo review on denial of lesser-included instruction; defendant has an absolute right to it if evidence supports)
- Clayton v. State, 759 So. 2d 1169 (Miss. 1999) (larceny is a lesser-included offense of robbery)
- Mackbee v. State, 575 So. 2d 16 (Miss. 1990) (distinction between violent purse-snatching robbery and nonviolent pickpocket larceny)
- Oliver v. State, 234 So. 3d 443 (Miss. Ct. App. 2017) (taking may be effectuated by fear even if victim initially relinquished possession)