Buggs v. State

754 So. 2d 569, 2000 WL 32041
CourtCourt of Appeals of Mississippi
DecidedJanuary 18, 2000
Docket1998-KA-01968-COA
StatusPublished
Cited by9 cases

This text of 754 So. 2d 569 (Buggs v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buggs v. State, 754 So. 2d 569, 2000 WL 32041 (Mich. Ct. App. 2000).

Opinion

754 So.2d 569 (2000)

Alonzo Laderick BUGGS, Jr. a/k/a Dirt and Letracy Denord Smith, Appellants,
v.
STATE of Mississippi, Appellee.

No. 1998-KA-01968-COA.

Court of Appeals of Mississippi.

January 18, 2000.

*570 William R. Sanders, Jr., Charleston, David L. Walker, Southaven, Attorneys for Appellants.

Office of the Attorney General by W. Glenn Watts, Attorney for Appellee.

BEFORE SOUTHWICK, P.J., DIAZ, AND PAYNE, JJ.

DIAZ, J., for the Court:

¶ 1. Alonzo Laderick Buggs, Jr., and Letracy Denord Smith, co-defendants, appeal the decision of the Tallahatchie County Circuit Court convicting Buggs of burglary and Smith of two counts of armed robbery. Buggs raises the following issues in this appeal: (1) whether the evidence presented at trial was sufficient to establish the crimes of burglary and armed robbery and whether the jury's verdict was against the overwhelming weight of the evidence, and (2) whether the trial court erred in refusing to grant a peremptory instruction to the jury. Smith raises the following issues in this appeal: (1) whether it was error for the trial court to deny his motion for severance, (2) whether the trial court erred by not suppressing the photographic identification, (3) whether the trial court erred by allowing the in-court identification, and (4) whether the trial court erred in granting certain jury instructions and by failing to give a limiting instruction. Finding no error, we affirm the decision of the trial court.

FACTS

¶ 2. On November 19, 1997, Deputy Sheriff Clifton Harris responded to a complaint at the Hemphill residence in Webb. Marilyn Hemphill stated that she, her two sons, Derrick Hemphill and Lester Westbrook, and Carlos Lakes and Markieth Bell were robbed at gun point in her home. Harris patrolled for a yellow Cadillac with a black top with Quitman County tags occupied by four males as described by the victims. When the vehicle was stopped in *571 Lambert, two people were inside—Jeremy Nathan and Letracy Smith, the co-defendant herein. A search of the vehicle yielded a .38 revolver; however, no fingerprints were found on the gun. When he was arrested, Smith was wearing a Dallas Cowboys jacket. Buggs was not in the car nor were his fingerprints found there. Harris did not recover a shotgun from the Cadillac.

¶ 3. Marilyn Hemphill stated that a man forced his way into her home with a gun. After that, Lester Hemphill, Markeith Bell, and Carlos Lakes came inside. Then, she testified that two more men entered her home followed by a fourth person. She testified that she did not know any of the men. Ms. Hemphill said she gave Brown $30 but that the four men seemed to be participating in the crime together. She stated that the lights were not on in the den but the kitchen light and television were on so she could see the assailants.

¶ 4. Lester Westbrook testified that Markeith, Carlos, and he were forced inside his home. At trial, he identified Buggs and Smith as two of the assailants. Westbrook said that Smith held a gun to him and asked for money. He testified that he was able to identify Buggs because Buggs removed the shirt he used to cover his face as he exited the home. He said the lights in the den and the television were on so he saw the perpetrators.

¶ 5. Derrick Hemphill testified that he was alone with his mother when a person knocked on the door and then forced himself inside the house along with other men. He gave the men $5 and stated that the men also searched the china cabinet for more money. He identified Smith as one of the men who searched the china cabinet. Furthermore, he was sure of his identifications because the light was on during the commission of the crime.

¶ 6. Carlos Lakes testified that he was walking with Markeith and Lester after playing basketball. When they heard a scream and went to Lester's house, they were pulled inside. He identified Smith and Buggs as two of the men in the house during the crime. He stated that Smith held a gun on Markeith and demanded money. He stated that two men were wearing Dallas Cowboy jackets and that one wore a leather coat. He did not see one of the men hide his face behind a t-shirt. He admitted that he did not tell Harris about the Dallas Cowboys jackets.

¶ 7. Markeith Bell also testified that he was forced inside the Hemphill residence where $40 was taken from him at gunpoint. He identified Smith as one of the assailants. He identified a Dallas Cowboys jacket as the one worn by Smith but was unable to distinguish it from other Dallas Cowboys jackets. He also testified that two men were wearing Dallas Cowboy jackets and that he told this fact to either Deputy Harris or Shoemaker when he gave his statement although the statement does not state such and only describes one of the assailants as wearing a black leather coat.

¶ 8. Alonzo Buggs testified that he was not a participant in the crimes and claimed that he had never been to Webb, Mississippi, in his entire life. Buggs also stated that he knew his three codefendants-Letracy Smith, Jeremy Nathan, and Earnest Brown-and that he had seen them on November 19, 1997. Letracy Smith did not testify or call any witnesses on his behalf.

¶ 9. After a jury trial, Buggs was found guilty of burglary, and Smith was found guilty of two counts of armed robbery. The defendants' post-trial motions were denied. Feeling aggrieved, they perfected this appeal.

BUGGS'S DISCUSSION

¶ 10. Since both of the issues presented by Buggs require the same analysis, we will combine them in our discussion.

I. WHETHER THE EVIDENCE PRESENTED AT TRIAL WAS SUFFICIENT TO ESTABLISH THE CRIMES OF BURGLARY AND ARMED ROBBERY AND WHETHER *572 THE JURY'S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE

II. WHETHER THE TRIAL COURT ERRED IN REFUSING TO GRANT A PEREMPTORY INSTRUCTION TO THE JURY

¶ 11. The three challenges by Buggs-motion for directed verdict, request for peremptory instruction, and motion for JNOV-question the legal sufficiency of the evidence. Since each requires consideration of the evidence before the trial court when made, this Court properly reviews the ruling on the last occasion the challenge was made in the trial court. This occurred when the trial court overruled Buggs's motion for JNOV. Wetz v. State, 503 So.2d 803, 807-08 (Miss.1987).

¶ 12. In appeals from an overruled motion for JNOV, the sufficiency of the evidence as a matter of law is viewed and tested in a light most favorable to the State. Esparaza v. State, 595 So.2d 418, 426 (Miss.1992). The prosecution must be given the benefit of all favorable inferences that may reasonably be drawn from the evidence. Hammond v. State, 465 So.2d 1031, 1035 (Miss.1985). Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury. Neal v. State, 451 So.2d 743, 758 (Miss.1984). In the present context we must, with respect to each element of the offense, consider all of the evidence—not just the evidence which supports the case for the prosecution—in the light most favorable to the verdict. Harveston v. State, 493 So.2d 365, 370 (Miss.1986). We may reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty. Wetz, 503 So.2d at 808.

¶ 13. Testimony was presented at trial that Buggs was one of the four men present in the Hemphill residence during the burglary and robberies.

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Cite This Page — Counsel Stack

Bluebook (online)
754 So. 2d 569, 2000 WL 32041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buggs-v-state-missctapp-2000.