Stevens v. State
| Docket Number: | 2002-KP-00123-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Armed robbery - Supplementation of brief - Sufficiency of evidence - Section 97-3-79 - Closing argument - Sentencing hearing Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 01-17-2002 Appealed from: Calhoun County Circuit Court Judge: Andrew K. Howorth Disposition: CONVICTION OF ARMED ROBBERY, LIFE IMPRISONMENT WITHOUT POSSIBILITY OF PAROLE District Attorney: James M. Hood, III Case Number: CK2001-055 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Tony Stevens a/k/a Tony Stevenson a/k/a Tony Stephenson |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Armed robbery - Supplementation of brief - Sufficiency of evidence - Section 97-3-79 - Closing argument - Sentencing hearing |
| Summary of the Facts: | Tony Stevens was convicted of armed robbery and was sentenced to life imprisonment without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Supplementation of brief In his motion to supplement his initial brief, Stevens alleges that new evidence has come to his attention since the filing of his original brief. The new evidence is that a written statement was not taken from the victim at the time of the crime, a warrant was never issued for his arrest, the victim never completed an affidavit to support an arrest warrant, and the substance of the victim's testimony was never submitted to him during discovery. Because he raises nothing that justifies further briefing and a response from the State, his request is denied. Issue 2: Sufficiency of evidence Stevens argues that the State failed to prove all the essential elements of the crime of armed robbery. Under section 97-3-79, the State was required to prove that the defendant took or attempted to take from the person or from his presence the personal property of another and against his will by violence or by putting the person in fear of immediate injury by the exhibition of a deadly weapon. The victim’s testimony established that Stevens attempted to take his wallet against his will and that Stevens used a deadly weapon. In addition, each element of the crime was confirmed by Stevens himself in his signed confession to police. Issue 2: Closing argument Although Stevens argues that the State's closing argument was improper because it focused upon the elements of the crime of aggravated assault rather than for armed robbery, Stevens failed to preserve the issue for review since he did not object to the closing argument. Issue 3: Sentencing hearing Stevens argues that the court erred by failing to conduct a separate sentencing hearing after the jury verdict. There was no purpose to be served by a sentencing hearing since the jury fixed his sentence at life imprisonment and he was a habitual offender. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
