Harrington v. State
| Docket Number: | 2002-KA-01095-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Conspiracy to commit robbery with deadly weapon - Sufficiency of evidence - Lesser-included offense instruction Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-26-2002 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: COUNT I - CONSPIRACY TO COMMIT ROBBERY WITH A DEADLY WEAPON AND SENTENCE OF FIVE YEARS TO RUN CONCURRENTLY TO COUNT III; COUNT III - ROBBERY WITH A DEADLY WEAPON AND SENTENCE OF FIFTEEN YEARS TO RUN CONSECUTIVELY TO COUNT IV; AND COUNT IV - MANSLAUGHTER AND SENTENCE OF TWENTY YEARS. District Attorney: John W. Champion Case Number: 99-141-R(D) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Zachary L. Harrington a/k/a Zackary LaShawn Harrington |
WILLIAM F. TRAVIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Conspiracy to commit robbery with deadly weapon - Sufficiency of evidence - Lesser-included offense instruction |
| Summary of the Facts: | Zachary Harrington was found guilty of conspiracy to commit robbery with a deadly weapon, robbery with a deadly weapon, and manslaughter. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Harrington argues that there was not sufficient evidence presented at trial to convict him, because the prosecution failed to prove that he was involved in a conspiracy. Each person involved in the conspiracy must know that they are entering into a common plan and knowingly intend to further its common purpose. The evidence shows that Harrington was a friend of both co-defendants. He was with one of them on the night of the crime and was carrying a loaded gun. The victim’s money was taken at gunpoint and was divided equally. The victim was shot and killed with the gun Harrington brought with him that night. In addition, Harrington admits in his own statement that they decided to rob the victim. Based on this evidence, the jury could determine that there had been a conspiracy between the three men. Issue 2: Lesser-included offense instruction Harrington argues that the court erred when it failed to include a jury Instruction on the lesser-included offense of simple robbery. Participation in an armed robbery is sufficient to make one a principal in the crime regardless of whether that participant was the person holding the weapon. A gun was used in the robbery in this case, and it was even Harrington's gun. Therefore, there is no factual basis to support an instruction that a robbery without a deadly weapon occurred. |
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