Wales v. State

73 So. 3d 1113, 2011 Miss. LEXIS 484, 2011 WL 4634992
CourtMississippi Supreme Court
DecidedSeptember 29, 2011
DocketNo. 2010-KA-00473-SCT
StatusPublished
Cited by34 cases

This text of 73 So. 3d 1113 (Wales v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wales v. State, 73 So. 3d 1113, 2011 Miss. LEXIS 484, 2011 WL 4634992 (Mich. 2011).

Opinion

CHANDLER, Justice,

for the Court:

¶ 1. Leo Wales was tried in absentia for two counts of armed robbery and two counts of aggravated assault. The jury found Wales guilty on all counts, and the Circuit Court of Hinds County, First Judicial District, sentenced Wales for Count I, aggravated assault, to twenty years in the custody of the Mississippi Department of Corrections, to run concurrently with all counts; for Count II, armed robbery, to forty years, to run concurrently with all counts; for Count III, aggravated assault, to twenty years, to run consecutively to Count IV and concurrently with Counts I [1116]*1116and II; and for Count IV, armed robbery, to forty years, to run consecutively to Count III and concurrently with Counts I and II. Also, the trial court sentenced Wales to an additional five years on each of the four counts, to run consecutively to all counts, pursuant to the firearm enhancement of Mississippi Code Section 97-37-37(1).1 Wales’s consecutive and concurrent sentences require him to serve a total of eighty years.

¶ 2. Wales, now incarcerated, appeals. He argues that (1) the trial court erred in trying him in absentia; (2) the evidence was insufficient to support his conviction in Count I, aggravated assault or, alternatively, the verdict of guilty in Count I was against the overwhelming weight of the evidence; and (3) the trial court erred by denying his proffered jury instruction on the specific intent required for armed robbery. This Court affirms Wales’s conviction and sentence, because substantial evidence supported the trial court’s finding that Wales had waived his right to be present at trial, because the evidence was sufficient to support the verdict of guilty in Count I, and that verdict was not against the overwhelming weight of the evidence, and because the jury instructions, taken as a whole, fully and fairly informed the jury of each element of the crime of armed robbery.

FACTS

¶ 3. Tarsha Robinson lived at the Four Seasons Apartments in Jackson, Mississippi. On March 7, 2009, Tarsha was caring for the children of her best friend, Tawan-da Owens. That evening, Owens and Tar-sha’s brother, Michael, drove to Jackson from the Mississippi Delta to pick up Owens’s children from Tarsha’s residence. Michael drove his Jaguar; Owens was in the passenger seat. They parked in front of Tarsha’s building at the Four Seasons Apartments at about 9:30 p.m. Michael noticed two men, one slim and one heavy, walk from behind Tarsha’s building and toward his car. The men wore black hooded sweatshirts. The slim man, later identified as Neil Jackson, approached the passenger’s side. The heavy man, later identified as the defendant, Leo Wales, approached the driver’s side.

¶ 4. Jackson held a gun up to Owens’s window and stated “This is a motherfucking stickup. Get your hands up.” Wales opened Michael’s door, put a gun to Michael’s head, and said “don’t make any false moves.” Jackson opened the passenger-side door and began rummaging in Owens’s purse. Wales told Michael to empty his pockets. Michael testified that he gave Wales $600 from his pocket. Owens testified that Jackson took her purse. Wales stepped back from the car to look at the money. Then, Jackson stated, “this is not all-that’s not all you got.” Michael offered to give the robbers the car, and he begged for his and Owens’s lives. Jackson threatened to “blow [Michael’s] brains out.” Then, Jackson leaned into the passenger side of the car, across Owens, and slapped Michael’s head with his gun. Michael grabbed Jackson’s wrist, and Jackson fired one shot. Michael managed to wrestle the gun away from Jackson.

[1117]*1117¶ 5. At that point, Wales fired into the car though the driver’s side window, striking Michael’s nose. Wales fired another shot that struck Michael’s neck. Wales moved to the front of the car and continued firing into the windshield. The bullets struck Michael in the chin, neck, elbow and twice in the arm. In all, he was shot seven times. Despite his wounds, Michael exited the car and fired two shots at the robbers, who ran away. As Wales fled, he fired one shot that struck the Jaguar. A neighbor saw Wales and Jackson drive away in a white and gray Pontiac. Owens picked up her purse, which Jackson had dropped, ran to Tarsha’s apartment, and notified her of the shooting. Tarsha drove Michael to the hospital, where he underwent surgery for his wounds.

¶ 6. The police arrived, canvassed the neighboring areas, and discovered a Pontiac matching the description given by the neighbor parked outside a nearby residence. When officers converged on the residence, they observed two black males who met the robbers’ description in the front yard. The men fled, but were apprehended. When Jackson was arrested, a search of his person revealed $80 and two spent shell casings. A sweaty size 5XL black hoodie was found in Wales’s room. A Taurus .40 caliber semiautomatic gun was found inside a freezer that was located off Wales’s room.

¶ 7. At the trial, Michael identified Wales from a mugshot as the man who had shot him. The police discovered seven shell casings and one live round outside Tarsha’s apartment building. These shell casings were matched to the .40 caliber semiautomatic gun found inside Wales’s freezer. Police also recovered a .38 revolver with four shells and two shell casings from the front passenger seat of the Jaguar. They recovered multiple jacket fragments and projectiles from inside the Jaguar.

¶ 8. The jury found Wales guilty of the armed robbery and aggravated assault of Michael, and of the armed robbery and aggravated assault of Owens.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED BY CONDUCTING THE TRIAL IN WALES’S ABSENCE.

¶ 9. Wales was indicted on July 30, 2009. His trial date initially was set for November 9, 2009, and later adjusted to Monday, November 16, 2009. Wales was released from jail on bond, and he failed to appear for trial on November 16, 2009. His attorney notified the trial court that he had communicated the trial date and time to Wales on two occasions in the previous week. Defense counsel also checked the courthouse for Wales and called the home where Wales lived with his grandmother, to no avail. Wales’s grandmother told defense counsel that, the night before the trial, she had helped Wales iron his clothes for trial, after which Wales had left the house. He told his grandmother that he was going to spend the night elsewhere, but he planned on being in court the next day. His grandmother did not know his present whereabouts. The trial court continued the trial until the next day so that Wales could be located.

¶ 10. The proceedings resumed two days later, on November 18, 2009. Because Wales still had not been located, the prosecutor informed the trial court about the efforts that had been made to find him. The last known contact Wales had made with anyone was with his grandmother on the night before the trial date. Law enforcement agencies in Hinds, Madison, and Rankin Counties and the United States Marshall Service had been involved in the [1118]*1118search for Wales. An investigator at the district attorney’s office had contacted all the local hospitals, but no one by the name of Leo Wales had been admitted. Also, the prosecutor had contacted the local jails, but Wales had not been confined in any of them.

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Cite This Page — Counsel Stack

Bluebook (online)
73 So. 3d 1113, 2011 Miss. LEXIS 484, 2011 WL 4634992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wales-v-state-miss-2011.