Dambrell v. State


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Docket Number: 2002-CT-01260-SCT
Linked Case(s): 2002-KA-01260-COA ; 2002-CT-01260-SCT ; 2002-KA-01260-COA

Supreme Court: Opinion Link
Opinion Date: 03-03-2005
Opinion Author: Easley, J.
Holding: Affirmed

Additional Case Information: Topic: Attempted armed robbery - Exhibition of deadly weapon - Section 97-3-79
Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Graves, J.
Dissenting Author : Dickinson, J.
Concurs in Result Only: Cobb, P.J.
Nature of the Case: CRIMINAL - FELONY
Writ of Certiorari: Granted
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 08-17-2001
Appealed from: Jackson County Circuit Court
Judge: Dale Harkey
Disposition: Appellant was convicted of armed robbery and sentence of six (6) years, with the last three (3) years post release, in the custody of the Mississippi Department of Corrections, with conditions, together with payment of a fine of $1,000.00.
Case Number: 00-10,633(3)

Note: Motion to Rescind Pickup Notice of 2/23/2005 filed by appellant is granted

  Party Name: Attorney Name:  
Appellant: Zacharia Chase Dambrell




PHILLIP BROADHEAD ROSS PARKER SIMONS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL DISTRICT ATTORNEY: NATURE OF THE CASE: BY: SCOTT STUART  

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Topic: Attempted armed robbery - Exhibition of deadly weapon - Section 97-3-79

Summary of the Facts: Zacharia Dambrell was convicted of attempted armed robbery and sentenced to six years. The Court of Appeals reversed and rendered the conviction finding that the State failed to prove an element of the crime, the exhibition of a deadly weapon, a knife, to the victim. The Supreme Court granted certiorari.

Summary of Opinion Analysis: The Court of Appeals relied upon Gibby v. State, 744 So.2d 244 (Miss. 1999), for authority to reverse and render the conviction against Dambrell. That case held that a victim has to have definite knowledge that a deadly weapon actually exists and not just an assumption that a deadly weapon exists in order to uphold a conviction. The State argues that Dambrell testified he had intended to rob the store, had a knife for the robbery, the knife was visible on the video tape and the victim saw Dambrell throw down the knife and towel. This State’s appellate courts have various interpretations on the issue. On the one hand, some cases strictly apply an exhibition of a deadly weapon in upholding an armed robbery conviction. Other cases have applied a less stringent standard and upheld armed robbery convictions in cases where an imprint of a gun was seen under a shirt, the gun was not displayed to get the money, although shooting was threatened, and the defendant did not have the weapon in his hand ready for use. Here, Dambrell had a mask on his face, indicating to anyone that a person had the intent to harm another, a towel wrapped around his hand, he discarded the knife when he fled and he admitted that he intended to rob the store for money and cigarettes. Today the language in Gibby v. State, 744 So.2d 244 (Miss. 1999) that states that a victim must have definite knowledge that a deadly weapon exists to uphold a conviction is overruled. The Court now holds that when a defendant makes an overt act and a reasonable person would believe that a deadly weapon is present, there is no requirement that a victim must actually see the deadly weapon in order to convict pursuant to section 97-3-79. So long as the victim reasonably believes that the defendant had a deadly weapon and the defendant makes an overt act the statute is satisfied. Therefore, the Court of Appeals erred in reversing the trial court’s judgment


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