Yolanda Eunice Mills v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 96-KA-00061-COA
YOLANDA EUNICE MILLS A/K/A YOLANDA E.
MILLS
v.
STATE OF MISSISSIPPI
APPELLANT
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
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
02/09/95
HON. R. KENNETH COLEMAN
TIPPAH COUNTY CIRCUIT COURT
DAVID O. BELL
OFFICE OF THE ATTORNEY GENERAL
BY: CHARLES W. MARIS, JR.
LAWRENCE L. LITTLE
CRIMINAL - FELONY
AGGRAVATED ASSAULT: SENTENCED TO
15 YRS WITH 5 YRS OF SAID SENTENCE
SUSPENDED; CASE# TK92 035 TO RUN
CONSECUTIVE TO CASE# TK920 36 TO
WIT 20 YRS WITH 5 YRS SUSPENDED;
DEFENDANT TO SERVE A TOTAL
SENTENCE OF 25 YRS
AFFIRMED -12/2/97
12/23/97
BEFORE THOMAS, P.J., HINKEBEIN, KING, AND COLEMAN, JJ.
PER CURIAM:
Yolanda Eunice Mills, a/k/a Yolanda E. Mills was convicted of aggravated assault in the Tippah
County Circuit Court. Mills was sentenced to serve fifteen years with five years suspended.
On July 7, 1992, Mills, Christopher Gibbs, and Jeff Graves were riding together in a pickup truck in
Tippah county. While riding, Mills told Graves that Gibbs had stolen some valium from her.
Becoming angry, Graves pulled the truck to the side of the road and ordered Mills to hold Gibbs at
gunpoint. Gibbs and Graves engaged in a fist fight and at some point during the fight, shots were
fired. Both Gibbs and Graves were shot, but Graves was fatally wounded.
Subsequently, Mills was convicted of manslaughter for the killing of Graves and aggravated assault
for the shooting of Gibbs. Mills argues on appeal that the trial court erred in not granting the defense
motion to dismiss the Gibbs indictment on grounds of a double jeopardy violation when Mills had
been previously indicted and tried in the Graves case which arose out of the same set of facts and
circumstances indistinguishable from the Gibbs case.
The doctrine of double jeopardy dictates that no person's life or liberty shall be twice placed in
jeopardy for the same offense. Miss. Const. art. 3, ยง 22; U.S. Const. amend. V. However, the
doctrine does not protect a defendant against different prosecutions for different offenses. Hughes v.
State, 401 So.2d 1100, 1105 (Miss.1981); Wright v. State, 540 So.2d 1, 5 (Miss. 1989). Mills was
convicted of two different offenses, aggravated assault and manslaughter, which were committed
against two different individuals, namely Gibbs and Graves. We find that the doctrine of double
jeopardy does not apply in the instant case, and Mills' argument is therefore, without merit. We affirm
Mills' conviction and sentence.
THE JUDGMENT OF THE CIRCUIT COURT OF TIPPAH COUNTY OF CONVICTION OF
AGGRAVATED ASSAULT AND SENTENCE TO FIFTEEN YEARS, WITH FIVE YEARS
SUSPENDED, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS IS AFFIRMED. CASE #TK92035 TO RUN CONSECUTIVELY TO CASE#
TK92036 TO-WIT 20 YEARS WITH 5 YEARS SUSPENDED; APPELLANT TO SERVE A
TOTAL SENTENCE OF TWENTY-FIVE YEARS. ALL COSTS OF THIS APPEAL ARE
TAXED TO TIPPAH COUNTY.
BRIDGES, C.J., McMILLIN AND THOMAS, P.JJ., COLEMAN, DIAZ, HERRING,
HINKEBEIN, KING, PAYNE, AND SOUTHWICK, JJ., CONCUR.
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