Taylor v. State
Docket Number: | 2010-KA-00807-SCT | |
Supreme Court: | Opinion Link Opinion Date: 06-02-2011 Opinion Author: Chandler, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Robbery & Conspiracy - Sufficiency of evidence - Section 97-1-1(i) Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 04-07-2010 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: Convicted of robbery and sentenced to fifteen (15) years in the custody of the Mississippi Department of Corrections, with the first twelve (12) years to serve and with three (3) years suspended on post release supervision, with conditions, also convicted of conspiracy and sentenced to five (5) years in the custody of the Mississippi Department of Corrections, suspended on post release supervision, with sentences to run consecutively District Attorney: Dee Bates Case Number: 09-094-LS |
Party Name: | Attorney Name: | |||
Appellant: | Dennis Taylor |
OFFICE OF INDIGENT APPEALS: GEORGE T. HOLMES, LESLIE S. LEE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS, SCOTT STUART |
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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. |
Topic: | Robbery & Conspiracy - Sufficiency of evidence - Section 97-1-1(i) |
Summary of the Facts: | Dennis Taylor was convicted of one count of robbery and one count of conspiracy. Taylor was sentenced to fifteen years, three suspended, for robbery, and five years, all five suspended, for conspiracy. He appeals. |
Summary of Opinion Analysis: | Taylor argues there was not sufficient evidence to prove he conspired to rob the Handy Mart. Section 97-1-1(i) provides that “If two (2) or more persons conspire either: (a) to commit a crime; or . . . (h) to accomplish any unlawful purpose, or a lawful purpose by an unlawful means; such persons and each of them, shall be guilty of a felony . . . .” It is undisputed that a crime occurred, therefore, subsection (a) has been met. It is also undisputed that more than one person participated in the robbery of the Handy Mart. Parties entering into a conspiracy must understand they are entering into a common plan and knowingly intend to further its common purpose. There is direct evidence that Taylor and two other people walked into the Handy Mart; while one served as lookout, one took beer, and the other took money. The three argued over who had whose back while robbing the Handy Mart. Later, the three divided the money. After the robbery, one person said, “we did it.” This statement is sufficient to prove conspiracy. Because every element of the conspiracy statute has been met, the evidence is sufficient for a reasonable jury to have found Taylor guilty of conspiracy. |
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