Sullivan v. State


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Docket Number: 2003-KA-01334-COA

Court of Appeals: Opinion Link
Opinion Date: 09-28-2004
Opinion Author: Lee, P.J.
Holding: Affirmed

Additional Case Information: Topic: Robbery - Sufficiency of evidence - Aiding and abetting - Lesser included offense instruction
Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ.
Non Participating Judge(s): Ishee, J.
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-05-2003
Appealed from: Tunica County Circuit Court
Judge: Kenneth L. Thomas
Disposition: CONVICTED OF ROBBERY AND SENTENCED TO THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCE IMPOSED TO RUN CONSECUTIVELY TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED.
District Attorney: Laurence Y. Mellen
Case Number: CR 2003-0027

  Party Name: Attorney Name:  
Appellant: Christopher Sullivan




HELEN BAGWELL KELLY ADAM A. PITTMAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Robbery - Sufficiency of evidence - Aiding and abetting - Lesser included offense instruction

Summary of the Facts: Christopher Sullivan was convicted of robbery and sentenced to three years. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Sullivan argues that there was insufficient evidence to support his conviction, because the State failed to prove a causal relationship between the victim's fear and the victim’s relinquishment of the stolen property. Although Sullivan was charged with armed robbery, the jury found him guilty of robbery. The victim testified that Sullivan attempted to keep him in his office, he saw Sullivan’s accomplice taking money, and he attempted to stop the accomplice. During this altercation, the accomplice pulled out a knife. This was sufficient evidence for the jury to find Sullivan guilty of robbery. Issue 2: Aiding and abetting Sullivan argues that there was insufficient evidence to establish that he aided and abetted in the commission of the crime. To aid and abet in the commission of a felony, one must do something that will incite, encourage, or assist the actual perpetrator in the commission of the crime. Entering the store twice with Sullivan’s accomplice, repeatedly ordering the clerk to remain in his office so that a crime could be committed, waiting around during the ensuing altercation, and providing the means of escape is clearly indicative of aiding and abetting. Issue 3: Lesser included offense instruction Sullivan argues that the court erred in denying his request for a lesser included offense instruction of petit larceny. While a defendant is entitled to have jury instructions given which present his theory of the case, the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in another instruction, or is without evidentiary foundation. Because the struggle between the victim and the accomplice, along with the brandishing of a knife by the accomplice, occurred before the accomplice and Sullivan fled, the court did not err in refusing the instruction.


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