Willis v. State
| Docket Number: | 2004-KA-00945-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-22-2005 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Discovery violation - U.R.C.C.C. 9.048 (E) (I) - Weight of evidence - Excessive sentence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-27-2004 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: Convicted of robbery and conspiracy to commit robbery with a deadly weapon and sentenced to concurrent imprisonment of 20 years and 5 years District Attorney: JOHN W. CHAMPION Case Number: CR2003-444-RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory Marquise Willis |
JOHN D. WATSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
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| Topic: | Robbery - Discovery violation - U.R.C.C.C. 9.048 (E) (I) - Weight of evidence - Excessive sentence |
| Summary of the Facts: | Gregory Willis was convicted of robbery and conspiracy to commit robbery with a deadly weapon and was sentenced to concurrent imprisonment of 20 years and 5 years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Discovery violation Willis argues that the statement the officer supplied prior to trial was not in fact the exact statement produced at the time of the incident. Willis’s alleged a discovery violation only after the officer was excused as a witness. Therefore, under U.R.C.C.C. 9.048 (E) (I), Willis did not make a timely objection to the introduction of the disputed evidence at trial because the objection was not contemporaneous. Also, Willis’s failure to request a continuance waived his claim of a discovery violation. Issue 2: Weight of evidence The record shows that the prosecution presented sufficient evidence to support the conviction of Willis as the second gunman in the robbery. An officer with the Southaven Police Department testified that he positively identified Willis as the man who was driving the get-away car. Also, a key witness for the State identified Willis as his partner in the robbery at the time of his arrest. Issue 3: Excessive sentence Willis argues that the twenty year sentence he received for the crime of robbery is excessive. Willis’s sentence does fall within the range allowed by statute. When a sentence falls within a range permitted by statute then it will not be disturbed on appeal. |
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