Evans v. State
| Docket Number: | 2010-KA-00951-COA Linked Case(s): 2010-KA-00951-COA ; 2010-CT-00951-SCT ; 2010-CT-00951-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Weight of evidence - M.R.A.P. 28(a)(4) - M.R.A.P. 28(a)(6) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-07-2010 Appealed from: Jones County Circuit Court Judge: HON. BILLY JOE LANDRUM Disposition: CONVICTED OF ROBBERY AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Anthony J. Buckley Case Number: 2008-337-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Larry Evans |
LESLIE S. LEE
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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: | Robbery - Weight of evidence - M.R.A.P. 28(a)(4) - M.R.A.P. 28(a)(6) |
| Summary of the Facts: | Larry Evans was convicted of robbery and sentenced to fifteen years. He appeals. |
| Summary of Opinion Analysis: | Evans argues that the jury’s verdict is against the overwhelming weight of the evidence. A witness, who described herself as a friend of Evans, testified that on the morning of the robbery, she loaned Evans the vehicle used in the robbery. It was recovered less than one-half mile away from the bank, apparently abandoned by the robber after he had opened the bag to find several thousand dollars and a dye pack, an anti-theft device. The dye pack exploded, destroying the stolen money and staining the robber, his clothes, and the inside of the vehicle with bright red dye. The dye was described as also causing irritation to the skin and eyes with an effect comparable to pepper spray. She testified that when Evans returned to her home later that day, he was covered in red dye and asked to take a shower. Evans then told the witness to tell her sister, the owner the vehicle, to report it as stolen. Evans and the witness then went to speak with an attorney. On the way, Evans told the witness that he had robbed a bank and that the police were after him. The attorney told Evans to turn himself in, which he did. Evans was also identified as the robber by a bank employee whose duties included security. Evans testified in his own defense, and he denied robbing the bank. To comply with M.R.A.P. 28(a)(4) and 28(a)(6), an appellant attacking the weight or sufficiency of the evidence supporting a jury’s verdict must disclose and examine all of the evidence in the record, including the evidence that supports the verdict. Evans’ claim that there was no evidence Evans was stained by the dye is plainly false and his lack of candor is inconsistent with Evans’s obligations under the Mississippi Rules of Appellate Procedure. This case presents nothing but a simple conflict in the evidence. Conflicts in the evidence are for the jury to resolve. The evidence against Evans was compelling, and the jury simply did not accept his alibi defense. |
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