Coryell Taylor v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-KA-01575-COA
CORYELL TAYLOR A/K/A CORY TAYLOR A/K/A
CORNELL TAYLOR
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
DISTRICT ATTORNEY
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
5/20/2004
HON. BOBBY BURT DELAUGHTER
HINDS COUNTY CIRCUIT COURT
GEORGE T. HOLMES
OFFICE OF THE ATTORNEY GENERAL
BY: CHARLES W. MARIS
JEFFREY A. KLINGFUSS
FAYE PETERSON
CRIMINAL - FELONY
CONVICTED OF TWO COUNTS OF ARMED
ROBBERY AND ONE COUNT OF
AGGRAVATED ASSAULT. SENTENCED TO
SERVE 35 YEARS ON EACH COUNT OF
ARMED ROBBERY TO RUN CONCURRENTLY
AND 20 YEARS FOR THE AGGRAVATED
ASSAULT TO RUN CONSECUTIVELY WITH
THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS.
AFFIRMED: 12/13/2005
EN BANC
GRIFFIS, J., FOR THE COURT:
¶1.
Coryell Taylor was convicted on two counts of armed robbery and one count of aggravated
assault. Taylor was sentenced to serve thirty-five years in the custody of the Mississippi Department of
Corrections on each count of armed robbery, to run concurrently, and twenty years on the count of
aggravated assault, with the sentences to run consecutively. On appeal, Taylor argues that his conviction
is not supported by legally sufficient evidence. We find no error and affirm.
FACTS
¶2.
On the night of November 4, 2000, two college students, Larry Boyd, Jr. and Christopher
McAdory, traveled from Huntsville, Alabama to Jackson, Mississippi to visit a friend and attend a football
game. Arriving after midnight, they realized that they were lost and in need of gas. They exited the
interstate and pulled into a truck stop. While fueling up and waiting for their friend to meet them, they were
approached by Coryell Taylor and Edward Ammons. Taylor and Ammons claimed they had been left at
the truck stop and asked for a ride.
¶3.
Boyd and McAdory were met by their friend and attempted to leave the truck stop. When Boyd
and McAdory re-entered their car, Taylor and Ammons got in the back seat of the car and told them to
drive. Boyd and McAdory’s friend followed behind in her car. After a few minutes, McAdory, who was
driving, was told to stop the car.
¶4.
A gun was fired from the back seat of the car through the windshield, and Taylor demanded their
possessions. Boyd ran from the car and was followed by Taylor, who began shooting at Boyd as he fled.
Boyd was shot in the thigh and sustained a serious injury. The entire incident was witnessed by Chasity
Lewis.
STANDARD OF REVIEW
¶5.
In reviewing a sufficiency of the evidence claim, the Court considers the evidence in the light most
favorable to the verdict. Bush v. State, 895 So.2d 836, 844 (¶ 16) (Miss. 2005). If any reasonable trier
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of fact could have found the essential elements of the crime beyond a reasonable doubt, we uphold the
verdict. Id.
ANALYSIS
¶6.
Taylor argues that there was not sufficient evidence to support his conviction. Taylor asserts that
because no one actually saw him shoot Boyd or demand money, then he should have been acquitted. We
look at each count.
¶7.
The elements of the crime of armed robbery are: (1) feloniously taking or attempt to take; (2) from
the person or from the presence the personal property of another; (3) against his will; (4) by violence to
his person or; (5) by putting such person in fear of immediate injury to his person; and (6) by the exhibition
of a deadly weapon. Miss. Code Ann. §97-3-79 (Rev. 2000). Boyd, McAdory, and Lewis identified
Taylor as the assailant. Boyd and McAdory testified that Taylor demanded their money and fired a gun
and the bullet through the windshield of the car. There was sufficient testimony to support the jury’s verdict
that Taylor was guilty of armed robbery. The testimony of one credible witness is sufficient to sustain a
conviction. Williams v. State, 512 So.2d 666, 670 (Miss. 1987).
¶8.
The elements of the crime of aggravated assault are: (1) attempt to cause or purposely or knowingly
causes serious bodily injury to another, (2) with a deadly weapon or other means likely to produce death
or serious bodily harm. Miss. Code Ann. §97-3-7(b) (Rev. 2000). Boyd, McAdory, and Lewis testified
that Taylor chased Boyd, as he fled from the car, and fired a gun at him. Boyd was shot in the leg by a
bullet and sustained serious injuries. Boyd testified about the extent of his injuries. Accordingly, there was
sufficient testimony to support the jury’s verdict that Taylor was guilty of aggravated assault.
¶9.
We find no merit to the issues raised by Taylor. We affirm.
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¶10. THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT OF CONVICTION
OF TWO COUNTS OF ARMED ROBBERY AND ONE COUNT OF AGGRAVATED
ASSAULT AND SENTENCE OF THIRTY FIVE YEARS ON EACH COUNT OF ARMED
ROBBERY TO RUN CONCURRENTLY AND TWENTY YEARS FOR AGGRAVATED
ASSAULT TO RUN CONSECUTIVELY TO THE ARMED ROBBERY SENTENCES IN THE
CUSTODYOF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL
COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE AND MYERS, P.JJ., BRIDGES, IRVING, CHANDLER, BARNES
AND ISHEE, JJ., CONCUR.
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