Glenn v. State

996 So. 2d 148, 2008 Miss. App. LEXIS 584, 2008 WL 4308224
CourtCourt of Appeals of Mississippi
DecidedSeptember 23, 2008
DocketNo. 2005-KA-01149-COA
StatusPublished
Cited by6 cases

This text of 996 So. 2d 148 (Glenn 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
Glenn v. State, 996 So. 2d 148, 2008 Miss. App. LEXIS 584, 2008 WL 4308224 (Mich. Ct. App. 2008).

Opinion

CHANDLER, J.,

for the Court.

¶ 1. Joseph Antwan Glenn, Crystal Daniels, and Gregory Smith were each convicted in the Circuit Court of Bolivar County for one count of conspiracy to commit armed robbery and a second count of attempted armed robbery. The circuit court sentenced each of them to five years on the conspiracy conviction and twenty years on the attempt conviction, with the sentences to run consecutively and without eligibility for parole. Each of them now appeals his or her convictions.

¶2. Glenn argues that: (1) the circuit court erred by denying his motion for a new trial, and (2) the circuit court erred by denying his motion for a directed verdict [151]*151and his motion for judgment notwithstanding the verdict (JNOV).

¶ 3. Daniels argues that: (1) the indictment was defective for not specifying the overt act that the State claimed constituted attempt; (2) the circuit court erred by denying her motion for JNOV and her motion for a new trial; and (3) she received ineffective assistance of counsel at trial.

¶ 4. Smith argues that: (1) the evidence was insufficient to support the verdict, and (2) the verdict was against the overwhelming weight of the evidence.

¶ 5. Finding no error, we affirm.

FACTS

¶ 6. On July 8, 2004, three individuals entered and attempted to rob the Cleveland State Bank in Merigold, Mississippi. Two of the individuals were male, and they were wearing long black wigs and female clothing. The third individual was a female, and she was dressed as a male. Two of them were carrying backpacks. The bank’s security guard, Donnell Hogan, was outside taking a smoke break when the three of them walked into the bank. He said that he noticed the individuals because they looked suspicious, and he followed them into the bank.

¶ 7. Inside the bank, the three individuals initially went to the area where the security guard usually stood. Then, one of the males, who was later identified as another co-defendant, Lewis Green,1 approached the window of Mary Ann Tribble, one of the bank’s tellers. Green inquired about opening a checking account. When Tribble asked Green for identification, he said he did not have any, and he asked the female, who was later identified as Daniels, whether he had any identification in the car. At the trial, Tribble testified that Daniels was constantly moving back and forth “like she had ants in her pants.” Tribble said that Daniels kept checking out the window after the last customer left. Tribble also noticed that Daniels did most of the communicating with Green; she appeared to give him signals.

¶ 8. Following a shootout with Hogan, the three individuals escaped from the bank without having taken any money. Hogan was injured by a shot to his foot, and a bullet also passed through his shirt without striking his body. A short time after the attempted robbery, police pulled over a gold Jeep Cherokee that matched a description of a vehicle seen leaving the area of the crime. The Jeep had grass hanging from its undercarriage, as if someone had recently driven it through tall grass. Glenn was driving the Jeep, and Daniels was riding with him. Glenn told the officers that they were trying to find somewhere to make out. Officers took Glenn and Daniels back to the bank, where Daniels was identified as the female who was involved with the robbery. Bank employees did not identify Glenn as one of the individuals involved with the attempted robbery, but they recognized him from his monthly visits to the bank to cash his father’s check.

¶ 9. It was later revealed that the gold Jeep appeared to be the same one that Hogan and other bank employees had noticed suspiciously parked across the street from the bank. They did not see it on the day of the attempted robbery, but they had seen it a number of times previously. Hogan and the bank tellers believed the Jeep was suspicious because no one ever exited the Jeep, and it drove away every [152]*152time Hogan went outside to get the license plate number. According to Hogan, he never saw anyone inside the Jeep because it was driven away, and it had tinted windows.

¶ 10. After stopping the Jeep, officers continued searching the area for other suspects, which led them to an abandoned house. The house was suspicious because it appeared as if someone had recently driven through the high grass in the front yard. This connected the house to the gold Jeep that officers had stopped. Inside the house, officers discovered the two backpacks carried by the suspects during the attempted robbery. A pink backpack recovered in the bedroom closet contained two handguns: a Ruger .45 millimeter automatic, and a Jennings .9 millimeter. The other backpack was black and blue, and officers found it in the living room. It contained various articles of clothing that the suspects had worn during the attempted robbery: two wigs, a drawstring bag, and a brown purse. Inside the purse was ammunition for a .45 millimeter handgun, latex gloves, and some zip ties formed into handcuffs.

¶ 11. While in the house, officers apprehended Green as he tried to escape. Shortly thereafter, officers also apprehended Smith running through a field approximately 300-400 yards behind the house. Smith did not have on a shirt, but he was wearing a black skirt similar to the one seen in the surveillance video. Outside the house, officers discovered a black brassiere. Green was taken to the hospital because he had been hit by two bullets during the gunfight with Hogan. It was revealed that he had wrapped a brassiere around one of the bullet wounds. At the hospital, Hogan identified Green as the shooter from the bank. At trial, Hogan also identified Smith as the third individual in the bank during the attempted robbery.

¶ 12. After the State rested its case-in-chief, Green pleaded guilty to charges of armed robbery and possession of a firearm by a felon. He continued to assert not guilty pleas on the charges of conspiracy to commit armed robbery and aggravated assault. After Green entered his guilty pleas, he took the stand to assert his defenses to the remaining charges, and he also gave exculpatory testimony for his co-defendants.

¶ 13. According to Green, it was not his idea to rob the bank, but that of a man named Rico Brown. Green said he had been shooting dice with Rico a few days earlier and had amassed a considerable debt. Green testified that he owed Rico $2,400, but the State questioned whether he originally told the authorities that he owed Rico $4,700. Rico demanded that Green repay the debt by the weekend. Green said that Rico drove him by the Cleveland State Bank and told him to rob the bank to get the money. Green said that it was all Rico’s idea, and Rico even gave him the two handguns found in the backpack.

¶ 14. None of the other three defendants put on a case in defense. Instead they relied on Green’s exculpatory testimony that they were unaware of the plan to rob the bank to convince the jury that they were not involved in the plan to rob the bank.

¶ 15. The jury convicted Glenn, Daniels, and Smith of conspiracy to commit armed robbery and attempted armed robbery. The circuit court then sentenced each of them to five years on the conspiracy charge and twenty years on the attempt charge, with the sentences to run consecutively and without eligibility for parole. Each of them now appeals his or her convictions.

[153]*153ANALYSIS OF THE ISSUES

¶ 16.

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Cite This Page — Counsel Stack

Bluebook (online)
996 So. 2d 148, 2008 Miss. App. LEXIS 584, 2008 WL 4308224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-state-missctapp-2008.