Renata Richardson v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-KA-01661-COA
RENATA RICHARDSON A/K/A RENITA
RICHARDSON AND LAMESHA BROWN
APPELLANTS
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANTS:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
7/28/2004
HON. ANDREW K. HOWORTH
CHICKASAW COUNTY CIRCUIT COURT
EDWARD D. LANCASTER
OFFICE OF THE ATTORNEY GENERAL
BY: SCOTT STUART
BENJAMIN F. CREEKMORE
CRIMINAL - FELONY
AGGRAVATED ASSAULT AND SENTENCE OF
TEN YEARS WITH FIVE YEARS SUSPENDED
AND FIVE YEARS TO SERVE IN THE
CUSTODY OF THE MISSISSIPPI DEPARTMENT
OF CORRECTIONS
AFFIRMED - 09/27/2005
BEFORE LEE, P.J., GRIFFIS AND ISHEE, JJ.
LEE, P.J., FOR THE COURT:
PROCEDURAL HISTORY
¶1.
Renita Richardson and Lamesha Brown were indicted and convicted for the aggravated
assault of Tyronza Parker. Richardson was sentenced to serve ten years, with five years suspended and
five years to serve in the custody of the Mississippi Department of Corrections. Brown was sentenced to
serve ten years, with seven years suspended and three years to serve in the custody of the Mississippi
Department of Corrections.
¶2.
Both women now appeal their convictions, arguing the following two issues: (1) the trial court
admitted improper testimony without having weighed the prejudice to the defendant against the probative
value of the evidence, and without giving a sua sponte limiting instruction regarding the evidence; and (2)
the trial court erred in not granting jury instruction D-3.
¶3.
Finding no error, we affirm.
FACTS
¶4.
Parker and Richardson lived with Parker’s father in a house in Okolona. Both were students at
a junior college near Jackson, and they had lived in the house for the previous five months. During the
weekend of October 18, 2003, Parker, Richardson and Parker’s cousin drove from school to the home.
While en route, Richardson told Parker that she would be moving out, and Richardson began moving items
as soon as the trio arrived at the house.
¶5.
On October 25, 2003, Richardson and Brown paid a visit to Danielle Robinson, who Richardson
suspected was having a relationship withParker. When Richardson and Brown confronted her, she refused
to respond to their accusations. In response, Richardson and Brown jumped on her and beat her up, telling
her to warn Parker that he was next.
¶6.
The next evening, Richardson visited Parker while he was preparing to return to school.
Richardson and Parker began to argue, and Richardson sliced Parker with a box cutter. Parker fled the
house and received fifty-two stitches at the local hospital.
STANDARD OF REVIEW
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¶7.
The standard of review for the admission of evidence is abuse of discretion. Smith v. State, 839
So. 2d 489 (¶6) (Miss. 2003). When considering challenges to jury instructions, our standard of review
requires the appellate court avoid considering instructions in isolation, but rather consider them as a whole
for determining whether the jury was properly instructed. Comby v. State, 901 So. 2d 1282, 1288 (¶15)
(Miss. Ct. App. 2004). "Defects in specific instructions do not require reversal 'where all instructions taken
as a whole fairly--although not perfectly--announce the applicable primary rules of law.'" Burton ex rel.
Bradford v. Barnett, 615 So. 2d 580, 583 (Miss. 1993) (citations omitted).
DISCUSSION OF ISSUES
I.
DID THE TRIAL COURT ERR IN ADMITTING TESTIMONY REGARDING PRIOR BAD
ACTS WITHOUT ISSUING A SUA SPONTE LIMITING INSTRUCTION?
¶8.
On appeal, Richardson and Brown argue that the trial court improperly admitted evidence of prior
bad acts and failed to give a sua sponte limiting instruction regarding the testimony. Although Richardson
and Brown provide a fifteen page summaryof all the testimony presented at trial, it appears that Richardson
and Brown are appealing the admission of certain testimony by Danielle Robinson. At the trial, Robinson
testified that the weekend prior to the assault on Parker, Richardson and Brown attacked her and told her
that she should warn Parker because he was next.
¶9.
Proof of another crime or act is admissible where necessary to identify the defendant, to prove
motive, or to prove state of mind. Brown v. State, 890 So. 2d 901, 912 (¶32) (Miss. 2004) (citing
Duplantis v. State, 644 So. 2d 1235, 1246 (Miss. 1994)). The Mississippi Supreme Court recently ruled
that when evidence is admitted under M.R.E. Rule 404(b), counsel must request a limiting instruction to
address such evidence. Brown, 890 So. 2d at 913 (¶36). Hence, under Brown, the trial court must no
longer issue a limiting instruction sua sponte. Id. Decisions of this Court should be presumed to have
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retroactive effect unless otherwise specified. Morgan v. State, 703 So. 2d 832, 839 (Miss. 1997).
Richardson and Brown’s contention regarding the trial court’s failure to grant a limiting instruction lacks
merit.
¶10.
Regarding the trial court’s failure to conduct an on the record balancing test, we look to McKee
v. State, 791 So. 2d 804 (Miss. 2001). In McKee, the trial court failed to conduct an M.R.E. Rule 403
balancing test on the record when presented with testimony regarding the defendant’s drug use. Our
supreme court found that the error was harmless because the evidence of McKee’s guilt was
overwhelming. Id. at 810 (¶24). An error is harmless when it is apparent on the face of the record that
a fair-minded jury could have arrived at no verdict other than that of guilty. Id. (citing Floyd v. City of
Crystal Springs, 749 So. 2d 110, 120 (¶37) (Miss. 1999)). Furthermore, "[w]here the prejudice from
an erroneous admission of evidence dims in comparison to other overwhelming evidence, this Court has
refused to reverse." McKee, 791 So. 2d at 810 (¶24) (citing Carter v. State, 722 So. 2d 1258, 1262
(¶14) (Miss. 1998)). From the record before this Court, it is clear that the evidence of Richardson’s and
Brown’s guilt was overwhelming and that a jury could have arrived at no other conclusion than guilty.
¶11.
Parker testified that Richardson and Brown attacked him with a box cutter and something “like a
straight blade.” Marilyn Hughes, a friend of Richardson’s, testified that Richardson called her thirty to forty
minutes after the attack and told her that “she had cut him because he was cheating on her with somebody.”
Additionally, Officer Dwight Parker of the Okolona Police Department testified that Richardson told him
she cut Parker. Brown made a statement to the police that she ran into the room and saw Parker on top
of Richardson and she shoved him off of her. Richardson signed a statement that she and Parker began
to argue and she grabbed a box cutter and stabbed him. Clearly there was sufficient evidence that
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Richardson and Brown assaulted Parker, even without Robinson’s testimony. This contention lacks merit.
II.
DID THE TRIAL COURT ERR IN FAILING TO GRANT JURY INSTRUCTION D-3?
¶12.
In their next issue, Richardson and Brown contend that the trial court erred in failing to grant jury
instruction D-3, which provided, in pertinent part, as follows:
1.
2.
¶13.
The Court instructs the Jury that the Defendant, [sic] is competent to testify as witness in
his own behalf [sic], and
That the testimony of the Defendant should be considered as that of any other witness you
have heard in the case and given such weight, faith and credit as you think proper.
In reviewing a challenge to jury instructions, the instructions actually given must be read as a whole.
Williams v. State, 803 So. 2d 1159 (¶7) (Miss. 2001). When read as a whole, if the instructions fairly
announce the law of the case and create no injustice, no reversible error will be found. Id. Our supreme
court has held that "defendants are not entitled to an instruction which informs the jury that the defendant
is a competent witness in his own behalf." Baker v. State, 391 So. 2d 1010, 1012 (Miss. 1980). In so
holding, the Court reasoned that the defendant's:
competency as a witness was evident by his appearance on the witness stand. If he had
not been competent, he would not have been permitted to testify. There is no sound
reason for a trial to instruct a jury that any witness, including the defendant is a competent
witness. The jury, in its search for truth, is the sole judge of the worth and weight of the
testimony of any witness, and should be free to make this judgment without instructions
singling out or pointing to any particular witness stating such witness is competent.
Id. This holding has been affirmed in Outlaw v. State, 797 So. 2d 918 (¶17) (Miss. 2001), and, most
recently, in Bownes v. State, 861 So. 2d 1061 (¶9) (Miss. Ct. App. 2003). After reviewing the record,
it is clear that the jury instructions properly announced the law and created no injustice to Richardson and
Brown. We find this issue to be without merit.
¶14.
THE JUDGMENT OF THE CIRCUIT COURT OF CHICKASAW COUNTY OF
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CONVICTION OF RENATA RICHARDSON A/K/A RENITA RICHARDSON OF
AGGRAVATED ASSAULT AND SENTENCE OF TEN YEARS WITH FIVE YEARS
SUSPENDED AND FIVE YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI
DEPARTMENT OF CORRECTIONS AND PAY$100 TO THE VICTIM’S COMPENSATION
FUND, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO CHICKASAW
COUNTY.
¶15. THE JUDGMENT OF THE CIRCUIT COURT OF CHICKASAW COUNTY OF
CONVICTION OF LAMESHA BROWN OF AGGRAVATED ASSAULT AND SENTENCE
OF TEN YEARS WITH SEVEN YEARS SUSPENDED AND THREE YEARS TO SERVE IN
THE CUSTODYOF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND PAY$100
TO THE VICTIM’S COMPENSATION FUND, IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO CHICKASAW COUNTY.
KING, C.J., BRIDGES, P.J., IRVING, MYERS, CHANDLER, GRIFFIS, BARNES
AND ISHEE, JJ., CONCUR.
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