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Buggs v. State1/18/2000
DATE OF JUDGMENT: 10/09/1998
TRIAL JUDGE: HON. ANDREW C. BAKER
COURT FROM WHICH APPEALED: TALLAHATCHIE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: BUGGS: COUNT TWO - BURGLARY OF A DWELLING - SENTENCED TO 25 YEARS, 10 YEARS SHALL BE SERVED; 15 YEARS SHALL BE SUSPENDED. SMITH: COUNT TWO - BURGLARY OF A DWELLING - SENTENCED TO 10 YEARS SUSPENDED. COUNT THREE - ARMED ROBBERY - SENTENCED TO 10 YEARS; 10 YEARS SUSPENDED. COUNT FOUR - ARMED ROBBERY - SENTENCED TO 10 YEARS; 10 YEARS SUSPENDED.
DISPOSITION: AFFIRMED - 01/18/2000
. 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
. 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 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.
. 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.
. 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. He 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.
. 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
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