Robinson v. State
| Docket Number: | 2006-KA-00799-COA Linked Case(s): 2006-CT-00799-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Forcible rape - Sufficiency of evidence - Sufficiency of indictment - Harsh sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-06-2006 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: CONVICTED OF FORCIBLE RAPE AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: David Byrd Clark Case Number: 2001-0353 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTHONY ROBINSON |
ROSS R. BARNETT, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS | ||
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. |
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| Topic: | Forcible rape - Sufficiency of evidence - Sufficiency of indictment - Harsh sentence |
| Summary of the Facts: | Anthony Robinson was convicted of forcible rape and was sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Robinson argues that his conviction must be reversed and rendered because he was convicted for a statutory violation for which he was not indicted. Robinson was indicted for violation of section 97-3-65(3)(a), which provides the penalty for statutory rape, rather than section 97-3-65(4)(a) which lists the elements of forcible rape. This issue is procedurally barred, as Robinson failed to raise this issue below. If an indictment reasonably provides the accused with actual notice and it complies with UCCCR 2.05., it is sufficient to charge the defendant with the crime. The indictment in the present case gave a clear and concise statement of the elements of the crime with which Robinson was charged. The fact that the code subsection for forcible rape is actually section 97-3-65(4)(a), and subsection 97-3-65(3)(a) provides the penalty for statutory rape is of no consequence, as Robinson was clearly on notice that he was being charged with forcible rape. While Robinson and Smith have drastically different depictions of their relationship, or lack thereof, the jury is the ultimate judge of the credibility of witnesses. Issue 2: Harsh sentence Robinson argues that his sentence is unduly harsh. The general rule in this state is that a sentence cannot be disturbed on appeal so long as it does not exceed the maximum term allowed by statute. Section 97-3-65(4)(a) provides a penalty of life imprisonment, if so prescribed by the jury, and in instances where the jury declines to impose a life sentence, the trial court, in its discretion, may sentence the defendant to any term as it may determine. Therefore, this issue is without merit. |
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