IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2015-KA-00861-COA

JOSHUA ALLEN A/K/A JOSHUA F. ALLEN APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 04/29/2015

TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT

ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER

BY: GEORGE T. HOLMES 

 ERIN ELIZABETH PRIDGEN

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL

BY: BILLY L. GORE

DISTRICT ATTORNEY: MICHAEL GUEST

NATURE OF THE CASE: CRIMINAL - MISDEMEANOR

TRIAL COURT DISPOSITION: CONVICTED OF ONE COUNT OF ARMED

ROBBERY AND SENTENCED TO THIRTYFIVE YEARS AND ONE COUNT OF

CONSPIRACY TO COMMIT ARMED

ROBBERY AND SENTENCED TO FIVE

YEARS, TO RUN CONCURRENTLY, IN

THE CUSTODY OF THE MISSISSIPPI

DEPARTMENT OF CORRECTIONS

DISPOSITION: AFFIRMED - 09/20/2016

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

BEFORE LEE, C.J., BARNES AND ISHEE, JJ. 

LEE, C.J., FOR THE COURT:

FACTS AND PROCEDURAL HISTORY 
¶1. On March 3, 2015,1

Joshua Allen was convicted of one count of armed robbery and

one count of conspiracy to commit armed robbery. He was sentenced, on May 1, 2015,2to

thirty-five years for the armed-robbery conviction and five years for the conspiracy

conviction, to be served concurrently, in the custody of the Mississippi Department of

Corrections. On May 7, 2015, Allen filed a motion for a new trial or, in the alternative, a

judgment notwithstanding the verdict (JNOV), which was denied. Allen appeals, asserting

his verdict was against the overwhelming weight of the evidence. 

DISCUSSION

¶2. “[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for new

trial must be made within ten days of the judgment, and in the case of a motion for JNOV,

the motion must be made either within the ten days or by the end of the term of court.” Wells

v. State, 73 So. 3d 1203, 1206 (¶7) (Miss. Ct. App. 2011) (quoting Ross v. State, 16 So. 3d

47, 53 (¶7) (Miss. Ct. App. 2009)). Allen’s judgment of conviction was filed on March 3,

2015. So to be timely, Allen’s motion for a new trial would have to have been filed within

ten days of that date. See Conwill v. State, 168 So. 3d 1080, 1084 (¶19) (Miss. Ct. App.

2013). Instead it was not filed until May 7, 2015.3 

¶3. Furthermore, “[t]he contention that the verdict is against the overwhelming weight of

1 The final judgment of conviction was signed on March 2, 2015, and entered on

March 3, 2015. 

2

 The sentencing order was signed on April 29, 2015, and entered on May 1, 2015.

3 We note that the motion was also filed outside of the term of court, as the term of

the Rankin County Circuit Court began on the first Monday of February and ran for thirty

days. See State of Mississippi Judiciary Directory and Court Calendar (2015).

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the evidence must first be raised in the defendant’s motion for a new trial.” Hunter v. State,

187 So. 3d 674, 678 (¶13) (Miss. Ct. App. 2016) (quoting Beckum v. State, 917 So. 2d 808,

813 (¶14) (Miss. Ct. App. 2005)). “A claim that the verdict was against the weight of the

evidence must be first presented to the trial court since that court is best positioned to make

an informed decision as to such issue, having had the benefit of hearing the evidence firsthand.” Id. (quoting Collins v. State, 858 So. 2d 217, 218-19 (¶5) (Miss. Ct. App. 2003)). 

Although Allen filed a motion for a new trial, the basis for his motion was “procedural and

substantive errors committed during the trial . . . .” We believe the foregoing language is

insufficient to preserve the weight-of-the-evidence issue for appeal. Cf. Wilson v. State, 904

So. 2d 987, 995 (¶24) (Miss. 2004). For these reasons, the circuit court did not err in denying

Allen’s motion. 

¶4. THE JUDGMENT OF THE CIRCUIT COURT OF RANKIN COUNTY OF

CONVICTION OF ONE COUNT OF ARMED ROBBERY AND SENTENCE OF

THIRTY-FIVE YEARS, AND CONVICTION OF ONE COUNT OF CONSPIRACY

TO COMMIT ARMED ROBBERY AND SENTENCE OF FIVE YEARS, TO RUN

CONCURRENTLY, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF

CORRECTIONS, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED

TO RANKIN COUNTY. 

GRIFFIS, P.J., BARNES, ISHEE, CARLTON, FAIR, JAMES, WILSON AND

GREENLEE, JJ., CONCUR. IRVING, P.J., CONCURS IN PART AND IN THE

RESULT WITHOUT SEPARATE WRITTEN OPINION.

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