IN THE COURT OF APPEALS 12/17/96

OF THE

STATE OF MISSISSIPPI

NO. 94-KA-00961 COA

TERRY FERNANDO ROBERSON A/K/A "P.I." AND FERDINANDO THOMAS A/K/A

"SKILLET"

APPELLANTS

v.

STATE OF MISSISSIPPI

APPELLEE

PER CURIAM AFFIRMANCE MEMORANDUM OPINION

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND

MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JOHN LESLIE HATCHER

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

ATTORNEYS FOR APPELLANTS:

FOR THOMAS: STEPHEN BRANDON

FOR ROBERSON: CHARLES WEBSTER

ATTORNEYS FOR APPELLEE:

OFFICE OF THE ATTORNEY GENERAL

BY: WAYNE SNUGGS

DISTRICT ATTORNEY: LAURENCE Y. MELLEN
NATURE OF THE CASE: CRIMINAL: ARMED ROBBERY

TRIAL COURT DISPOSITION: ROBERSON CONVICTED OF ARMED ROBBERY

SENTENCED TO 25 YRS IN MDOC. THOMAS CONVICTED OF ARMED ROBBERY,

SENTENCED TO LIFE IN MDOC AS HABITUAL OFFENDER

MANDATE ISSUED: 8/19/97

BEFORE BRIDGES, P.J., COLEMAN, AND PAYNE, JJ.

PER CURIAM:

This case involves two separate Appellants. Terry Fernando Roberson was convicted of armed

robbery and sentenced to twenty-five years in the custody of the Mississippi Department of

Corrections. Ferdinando Thomas was convicted of armed robbery and sentenced as a habitual

offender under section 99-19-83, to serve life imprisonment in the Mississippi Department of

Corrections. Aggrieved, both Appellants appeal arguing the verdict of the jury was against the

overwhelming weight of the evidence.

ARGUMENT AND DISCUSSION OF THE LAW

I. WHETHER THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT

OF THE EVIDENCE.

The Mississippi Supreme Court has on many occasions cited the standard of review for a challenge to

the weight of the evidence. The standard is as follows:

In determining whether or not a jury verdict is against the overwhelming weight of the

evidence, this Court must accept as true the evidence which supports the verdict and will

reverse only when it is convinced that the circuit court has abused its discretion.

Isaac v. State, 645 So. 2d 903, 907 (Miss. 1994); Thornhill v. State, 561 So. 2d 1025, 1030 (Miss.

1989) (citations omitted). New trial decisions rest in the sound discretion of the trial court, and the

motion should not be granted except to prevent an unconscionable injustice. Jones v. State, 635 So.

2d 884, 887 (Miss. 1994). On review we accept as true all evidence favorable to the State, and the

State is given the benefit of all favorable inferences that may reasonably be drawn from the evidence.

Jones v. State, 635 So. 2d 884, 887 (Miss. 1994); Griffin v. State, 607 So. 2d 1197, 1201 (Miss.

1992).

In the case sub judice, the only issue is the factual dispute between the victim, Hunter, and the

Appellants, Roberson and Thomas. The Appellants testified that they did not rob Hunter, but that
Hunter gave Roberson $100.00 to obtain cocaine. They allege that after buying the cocaine,

Roberson ran away with it. Hunter, on the other hand, testified that he picked up each of the

Appellants in his car, one at a time, and together they robbed him at gun point. Regardless of whether

the jury focused on the Appellants’ or the victim’s testimony, the jury, which primary function is to

judge the credibility of the witnesses, obviously believed Roberson and Thomas committed the armed

robbery. Clearly, the jury’s verdict was not against the overwhelming weight of the evidence, and the

trial court properly denied the motion for a new trial. This issue is without merit.

THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY OF

CONVICTION OF TERRY FERNANDO ROBERSON OF ARMED ROBBERY AND

SENTENCE OF 25 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF

CORRECTIONS, WITH SENTENCE TO RUN CONSECUTIVELY TO ANY AND ALL

PREVIOUSLY IMPOSED SENTENCES, AND TO PAY RESTITUTION IN THE AMOUNT

OF $140 IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE TAXED TO COAHOMA

COUNTY.

THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY OF

CONVICTION OF FERDINANDO THOMAS OF ARMED ROBBERY AND SENTENCE

OF LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS

AS A HABITUAL OFFENDER IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE

TAXED TO COAHOMA COUNTY.

FRAISER, C.J., BRIDGES AND THOMAS, P.JJ., BARBER, COLEMAN, DIAZ, KING,

McMILLIN, PAYNE, AND SOUTHWICK, JJ., CONCUR.