Lenox v. State

727 So. 2d 753, 1998 WL 850098
CourtCourt of Appeals of Mississippi
DecidedDecember 8, 1998
Docket97-KA-00622COA
StatusPublished
Cited by8 cases

This text of 727 So. 2d 753 (Lenox 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
Lenox v. State, 727 So. 2d 753, 1998 WL 850098 (Mich. Ct. App. 1998).

Opinion

727 So.2d 753 (1998)

Legrane LENOX a/k/a Legrane Lenox, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 97-KA-00622COA.

Court of Appeals of Mississippi.

December 8, 1998.
Rehearing Denied February 9, 1999.
Certiorari Denied April 8, 1999.

*755 George S. Shaddock, Pascagoula, for Appellant.

Office of the Attorney General by Scott Stuart, for Appellee.

Before BRIDGES, C.J., and HINKEBEIN and KING, JJ.

BRIDGES, C.J., for the Court:

¶ 1. Legrane Lenox was tried by a jury and convicted in the Circuit Court of Forrest County for the crime of armed robbery. The judge sentenced Lenox to thirty-five years in the Mississippi Department of Corrections. Lenox assigns five errors:

I. The trial court erred in failing to sustain Lenox's motion for a mistrial, following objection to a question asked by the State as to Lenox's alleged "gang membership in California."

II. The trial court erred in allowing certain testimony before the jury, over objection, as to Lenox's prior conviction on second degree robbery with a firearm in the State of California to the extreme prejudice of Lenox.

III. The trial court erred in granting, over objection, Jury Instructions S-2 and S-3, said instructions being in conflict with each other and S-3 not being found in the indictment.

IV. The jury verdict is against the overwhelming weight of evidence and is contrary to the law in this state.

V. The sentence is unusually harsh and constitutes cruel and inhuman treatment within the meaning of the federal and state constitutions and represents a violation of Lenox's constitutional rights.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. Around 9:50 p.m. on March 27, 1995, Legrane Lenox, Jr. and Victor Denard Jackson entered the Jitney Jungle No. 34 located at 2800 Lincoln Road in Hattiesburg, robbing the store of $6,523, twenty-five books of twenty postage stamps, and two booklets of Jitney savings certificates. Lenox and Jackson were arrested on April 11, 1995, and indicted for armed robbery on May 25, 1995.

¶ 4. The following sequence of events were developed at trial:

Two Jitney Jungle customers placed Lenox at the store about 9:30 p.m. on March 27. Jimmy Henderson was entering the parking lot to shop at the Jitney Jungle No. 34, when he noticed Lenox suspiciously peering around the corner of the store. Later while waiting in the cashier line, Henderson noticed a red car with tinted windows slowly pass the front window several times. The passenger window was partially open and Henderson could see part of the passenger's face. When he left the store, Henderson noted the red car had a Marion County license plate.

¶ 5. Camille Soulier had finished her shopping and was conversing with store employees. Soulier noticed two black men wearing bulky clothing entering the store, one behind the other, walking so closely they were almost touching. Soulier positively identified the first man as Legrane Lenox, Jr. The shorter man following Lenox was later identified as Victor Denard Jackson. Soulier saw Lenox and Jackson walk toward a magazine rack located behind the last checkout counter.

¶ 6. The cashier, Jeff Bivins, saw Jackson and Lenox for the first time when they were approximately five to ten feet away from him. The men were clothed in long-sleeved *756 dark pullovers, dark loose fitting pants, and skull caps. Bandanas partially covered the face area. Only a small area of dark skin could be seen between the caps and bandanas.

¶ 7. As the men approached Bivins, Jackson raised a large shiny handgun and instructed Bivins to get down. Bivins saw Lenox jump over the customer service counter into the front office.

¶ 8. The grocery manager, Gary Brown, was talking on the telephone in the front office when Lenox came over the counter into the office. Lenox grabbed the telephone from Brown, hung it up, and demanded, "Give me the money." Brown stepped away from the safe. Lenox went to the unlocked safe, opened the door, and began raking the bundled money into a dark nylon bag with both hands. Lenox said, "Where's the rest of it?" Brown answered, "There is no more." Lenox responded, "Don't lie to me or I'll kill you." Brown repeated, "There is no more."

¶ 9. Lenox returned his attention to the safe, grabbed the cash box containing the money not bundled, and attempted to shove the box into the bag. When the cash box would not fit in the bag, Lenox left with the dark bag and the cash box tucked under his arm. Jackson and Lenox ran out the front door of the store.

¶ 10. Brown testified he saw Jackson pointing a shiny large caliber revolver in the direction of the office. Lenox did not display a gun.

¶ 11. Taken in the robbery were $6,523, twenty-five books of twenty postage stamps, and two booklets of Jitney savings certificates.

¶ 12. Det. Rusty Keyes interviewed Henderson and Soulier at the Hattiesburg Police Department. Both witnesses positively identified Lenox from a photo lineup.

¶ 13. On April 11, 1995, while executing a search warrant at 1412 Cherry Street in an unrelated matter, Officer Ted Sochia found Lenox hiding in a closet. Lenox testified he hid in the closet because he could not readily identify the men as police officers and he was frightened. Officer Sochia found a loaded Taurus .38 caliber revolver beside Lenox in the closet. Among the items recovered during the search of the residence were $656 from Lenox, $779 from Jackson, twenty-one books of twenty postage stamps, and ten rolls of pennies which were rolled by machine and bundled with a rubber band. The stamps and rolled pennies were found in a blue bag. Detective Keyes was called to the residence as the detective in charge of the investigation of the Jitney Jungle robbery.

¶ 14. Subsequently, Jackson and Lenox were arrested for the crime of armed robbery.

¶ 15. Richard Pierce, Lenox's cell mate at the Forrest County Regional Jail, testified at trial that Lenox openly boasted about his participation in the armed robbery at the Jitney Jungle.

¶ 16. Lenox called Theophilus Bucklew, an inmate at the jail, to impeach Pierce's testimony. Bucklew testified Pierce and Lenox had an altercation in jail, and Pierce had promised Lenox "it wasn't over yet."

¶ 17. Taking the stand on his own behalf, Lenox testified that he had arrived in Hattiesburg from Los Angeles, California, on March 21, 1995, to open a barber shop and record business with his brother, Victor Jackson. Lenox stayed with Jackson and Steve Runnels in a house Jackson was renting at 1412 Cherry Street.

¶ 18. Lenox testified he went to the Jitney Jungle No. 34 on March 21 to wire money to his daughter and on March 22 to wire money to a business associate. Both times Jackson drove Lenox to the store in a red Baretta with dark tinted windows owned by Tabitha Thomas, Jackson's girlfriend. On March 27, Lenox testified he was watching television at 1412 Cherry Street at 9:50 p.m., and knew nothing about the robbery. Two days after the robbery, Lenox sent four money orders totaling $950.

¶ 19. In rebuttal, Detective Keyes testified that no recording equipment, records, or barber tools were found at 1412 Cherry Street during the search of the residence.

¶ 20. The jury returned a verdict finding Lenox guilty of armed robbery, but were unable to unanimously agree on punishment. *757 Whereupon the trial judge sentenced Lenox to a term of thirty-five years in the Mississippi Department of Corrections.

¶ 21.

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Cite This Page — Counsel Stack

Bluebook (online)
727 So. 2d 753, 1998 WL 850098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenox-v-state-missctapp-1998.