Lafont v. State
| Docket Number: | 2007-KA-02038-COA Linked Case(s): 2007-KA-02038-COA ; 2007-CT-02038-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2008 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-19-2007 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO FORTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THIRTY YEARS TO SERVE, FOLLOWED BY FIVE YEARS POST-RELEASE SUPERVISION District Attorney: David Byrd Clark Case Number: 17,681 |
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| Party Name: | Attorney Name: | |||
| Appellant: | WADE DAVID LAFONT |
RANDALL HARRIS,
LESLIE S. LEE,
BENJAMIN ALLEN SUBER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER |
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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: | Armed robbery - Weight of evidence |
| Summary of the Facts: | Wade Lafont was convicted of armed robbery and was sentenced to forty-five years, with thirty years to serve. He appeals. |
| Summary of Opinion Analysis: | Lafont argues that the verdict was against the overwhelming weight of the evidence, because there was evidence that he did not take any money from the victim and no physical or scientific evidence was presented to show that Lafont was present at the scene of the robbery. Questions regarding the credibility of a victim’s identification are questions to be resolved by the jury. The victim had a lengthy encounter in close quarters with her assailant, and she positively identified Lafont from a photo lineup within a week of the incident, and again at trial. Viewing the evidence in the light most favorable to the verdict, allowing the jury’s verdict to stand would not sanction an unconscionable injustice. While the officer did state that after he interviewed the victim at the scene he believed that no money had been taken, he went on to testify that he learned from later discussions with the victim that Lafont had taken three dollars from her during the incident. Moreover, section 97-3-79 punishes attempted armed robbery the same as armed robbery. |
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