Lyons v. State
| Docket Number: | 2004-KA-02268-COA Linked Case(s): 2004-CT-02268-SCT ; 2004-KA-02268-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-27-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Suppression of evidence - Illegal search - Sufficiency of evidence Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, 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: 11-11-2004 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO SERVE A TERM OF TWENTYEIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: MARK DUNCAN Case Number: 04-CR-0044-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cozell Lyons |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
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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 - Suppression of evidence - Illegal search - Sufficiency of evidence |
| Summary of the Facts: | Cozell Lyons was convicted of armed robbery and sentenced to twenty-eight years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Suppression of evidence Lyons argues that the court erred in admitting evidence seized from his bedroom at her mother’s house, because the officers lacked probable cause to search Lyons’ room. The record contains testimony from the officers regarding information presented to the judge who issued the warrant. There is no compelling reason to reject this testimony. Furthermore, when the written statement made in support of a search warrant is not entered into evidence as an exhibit or made part of the official record, review of the document’s sufficiency to prove probable cause has been waived. Neither the warrant, nor the affidavit containing the underlying facts and circumstances are contained in the record. Issue 2: Illegal search When Lyons was arrested, the police discovered a key to a room registered to Edna Woods at the local Day’s Inn. After securing a warrant, the police searched the motel room, finding the bait money from the robbery. Lyons argues that the police conducted a warrantless trespass into the hotel room, and that the court erred in failing to suppress the money discovered in the room. Lyons has failed to establish that he had a reasonable expectation of privacy in Edna Woods’s motel room at the Day’s Inn. Therefore, he lacked standing to contest the search and the admission of the evidence obtained as a result of the search. Issue 3: Sufficiency of evidence Lyons argues that the State failed to prove that he exhibited a deadly weapon, as he kept his hand in his pocket during the course of the robbery, and the bank teller testified that she never actually saw a weapon. 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. The teller in this case testified that she believed Lyons had a weapon, that his note indicated he had a gun, and that she was in fear for her life. |
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