Glenn v. State
| Docket Number: | 2005-KA-01149-COA Linked Case(s): 2005-KA-01149-COA ; 2005-KA-01149-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Conspiracy to commit armed robbery & Attempted armed robbery - Sufficiency of evidence - Defective indictment - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, 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: 05-19-2005 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: JOSEPH ANTWAN GLENN A/K/A JOSEPH ANTWON GLENN, GREGORY SMITH AND CRYSTAL DANIELS EACH, RESPECTIVELY, CONVICTED OF COUNT I, CONSPIRACY TO COMMIT ARMED ROBBERY, AND SENTENCED TO FIVE YEARS, AND COUNT II, ATTEMPTED ARMED ROBBERY, AND SENTENCED TO TWENTY YEARS, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH SENTENCES TO RUN CONSECUTIVELY AND WITHOUT ELIGIBILITY FOR PAROLE Case Number: 2004-074-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOSEPH ANTWAN GLENN A/K/A JOSEPH ANTWON GLENN, GREGORY SMITH AND CRYSTAL DANIELS |
WILBERT LEVON JOHNSON,
GLENN S. SWARTZFAGER,
BENJAMIN ALLEN SUBER,
RICHARD B. LEWIS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
| Appellee #2: | ||||
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: | Conspiracy to commit armed robbery & Attempted armed robbery - Sufficiency of evidence - Defective indictment - Ineffective assistance of counsel |
| Summary of the Facts: | Joseph Glenn, Crystal Daniels, and Gregory Smith were each convicted for one count of conspiracy to commit armed robbery and a second count of attempted armed robbery. The circuit court sentenced each of them to five years on the conspiracy conviction and twenty years on the attempt conviction, with the sentences to run consecutively and without eligibility for parole. They appeal. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Smith argues that the evidence was insufficient to support the verdict. The State put on evidence that Smith disguised himself as a woman, entered the bank with Green and Daniels, and shuffled around nervously as Green attempted to hold up the teller with a handgun, all the while shielding his face from view. Thereafter, he was caught attempting to escape from the abandoned safe house where police apprehended Green, and he was still wearing the same women’s skirt that he wore during the attempted robbery. Smith, Daniels, and Green each carried a bag or a purse into the bank, and police recovered various items in those bags that could be used in a bank robbery, including two handguns, ammunition, zip ties, and latex gloves. This evidence was sufficient to establish each of the necessary elements of attempted armed robbery. The facts presented were also sufficient evidence to allow the jury to infer that Smith was involved in a conspiracy to rob the bank with his co-defendants. The evidence is also sufficient for Daniels and Glenn. The evidence was sufficient to enable a reasonable juror to find, beyond a reasonable doubt, that Glenn – knowing of the plan to rob the bank – drove Green, Daniels, and Smith to the bank, waited for them outside, and then served as the getaway driver. Issue 2: Defective indictment Daniels argues that the indictment was defective, because it failed to properly charge her with attempted armed robbery. For an indictment to properly charge a defendant with attempt, it must charge two elements: the intent to commit the offense, and an overt act toward its commission. the indictment charged that Daniels and her fellow appellants acted with the intent to steal the property of the bank. The indictment also charged that they did so by exhibiting and firing a pistol – acts which put the employees of the bank in fear of immediate injury to their persons. All of the elements necessary for attempt and for armed robbery are present in the indictment, including the specific overt acts that took place inside the bank. Issue 3: Ineffective assistance of counsel Daniels argues that her trial counsel was ineffective for only cross-examining co-defendant Green and for failing to cross-examine any of the State’s witnesses. The decision of whether to cross-examine a witness is trial strategy, and it is within trial counsel’s discretion. |
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