Leon Lamar Trotter v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2005-KA-00379-COA
LEON LAMAR TROTTER
APPELLANT
v.
STATE OF MISSISSIPPI
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:
MANDATE ISSUED:
APPELLEE
06/16/2004
HON. JANNIE M. LEWIS
HUMPHREYS COUNTY CIRCUIT COURT
LISA M. ROSS
OFFICE OF THE ATTORNEY GENERAL
BY: W. GLENN WATTS
JAMES H. POWELL III
CRIMINAL - FELONY
CONVICTION OF MURDER AND
SENTENCE OF LIFE IMPRISONMENT IN
THE CUSTODY OF THE MISSISSIPPI
DEPARTMENT OF CORRECTIONS
AFFIRMED - 09/23/2008
BEFORE KING, C.J., BARNES AND ISHEE, JJ.
BARNES, J., FOR THE COURT:
¶1.
Leon Lamar Trotter was tried and convicted in the Circuit Court of Humphreys
County for the murder of Ricky Hill. Trotter received a sentence of life in the custody of the
Mississippi Department of Corrections (MDOC). Aggrieved, Trotter appeals, raising several
issues. Finding no error, we affirm.
SUMMARY OF FACTS AND PROCEDURAL HISTORY
¶2.
In the early evening of June 12, 2003, Truron Grayson, an off-duty officer with the
Belzoni Police Department, was playing basketball near Hill’s house in Silver City,
Mississippi. Someone approached and advised Officer Grayson that Hill was lying in the
doorway to his home; so Officer Grayson went to investigate. Officer Grayson testified that
he did in fact find Hill lying in his doorway. Hill told Officer Grayson, “Man, I need some
help. I’m cold.” Officer Grayson testified that Hill was falling in and out of consciousness.
When Officer Grayson asked Hill what happened, Hill said he had been shot and could not
move. When asked who did it, Hill responded, “Pooh Man . . . the guy who lives down the
street . . . drives the blue Cadillac, lives in that trailer.” Officer Grayson knew Trotter was
known in the community as “Pooh Man” and fit this description.1 At this time, Officer
Grayson also noted an entry wound in the upper part of Hill’s chest. Later, it was determined
that Hill had been lying in his doorway with the gunshot wound for approximately seventeen
hours. As a result of the injury, Hill died in the hospital thirteen days later.
¶3.
At the scene, Officer Grayson and Chief Deputy J.D. Roseman decided to locate
Trotter. As they approached the trailer where Trotter lived, they noticed a Cadillac traveling
further down the road. Michael Trotter, Leon’s cousin, was driving the vehicle, and Alvin
Pittman was the passenger. After stopping the Cadillac, officers recovered a .380 handgun
from under the driver’s seat. Pittman was taken into custody. Officers Grayson and
Roseman then spotted Trotter in another vehicle in the vicinity and took him into custody.
¶4.
At the sheriff’s department, Trotter was advised of and waived his Miranda rights.
1
Officer Grayson testified he knew Trotter “very well” as Trotter is his stepfather’s
cousin.
2
Not long after he was taken into custody, Trotter voluntarily made two handwritten
statements that evening.2
In the first statement, Trotter briefly recounted that at
approximately midnight, he and Pittman went to Hill’s house and knocked on the door.
When Hill asked who was there, Trotter responded “Cliff.” Hill then opened the door, and
Pittman shot him. Trotter’s second statement, which was made approximately an hour later,
did not contradict his earlier statement, but contained more details. Trotter stated that he and
Pittman decided to go to Hill’s home to collect a thirty-five-dollar debt for some marijuana
which Trotter had sold Hill “on credit.” They parked the car at a nearby church and walked
to Hill’s home. After Pittman shot Hill, Pittman started running; so Trotter followed. They
drove back to Trotter’s house and ate. When Trotter told Pittman that Hill might die, Pittman
acknowledged, “I shot him in the heart.” Trotter then claimed Pittman said the only reason
he shot Hill just once was because his gun jammed up. Trotter stated that the two men then
went to sleep.
¶5.
A Humphreys County grand jury returned a two-count indictment against Trotter and
Pittman for deliberate-design murder and the manufacture of marijuana. Pittman filed a
motion for severance, which was granted. Ultimately, Pittman entered a guilty plea to
manslaughter and was sentenced to twenty years in the custody of the MDOC.
¶6.
At Trotter’s trial, several witnesses testified for the State.
Officer Grayson’s
testimony regarding Hill’s dying declaration was entered into evidence, as were the three
2
Trotter also gave a third handwritten statement the next day, June 13, which was
entered into evidence, regarding two guns he had received from his aunt. During trial, he
admitted this third statement was voluntary as well.
3
statements Trotter gave to law enforcement. Forensic pathologist Dr. Stephen Hayne
testified that the cause of Hill’s death was a gunshot wound to the chest which penetrated the
left lung, and the manner of death was homicide. Additional testimony was taken regarding
the murder weapon. Trotter’s former girlfriend, Latoya Cooks, testified that she had
originally bought the .380 handgun at a pawnshop. She was going to sell it to Trotter’s aunt
days before the murder, but she gave it to Trotter instead. She testified that she never saw
the handgun again. Later, it was found to be the same handgun recovered from Trotter’s
Cadillac. A forensic firearms expert testified that after completing a microscopic-comparison
examination between a test bullet fired from the handgun found in Trotter’s Cadillac and the
bullet retrieved from Hill’s body, he was of the opinion the bullets were fired from the same
weapon.
¶7.
Trotter was the only witness to testify in his defense. He maintained his statements
to law enforcement were voluntary and “the truth.” Trotter admitted he drove his Cadillac
on June 12 and took Pittman to Hill’s house at Pittman’s urging to get the money for the
marijuana. Trotter maintained he did not “have anything against” Hill and did not know
Pittman intended to shoot Hill that evening. As for Trotter’s use of the name “Cliff” to get
Hill to open the door, Trotter explained he was just joking with Hill and was not trying to
conceal his identity, as the prosecution suggested. Trotter confirmed that the handgun used
in the slaying belonged to him, that he had received it from his former girlfriend, Cooks, and
that he kept it under the seat of his Cadillac. However, Trotter did not know Pittman had the
handgun in his vehicle the evening of the murder. Finally, Trotter insisted he did not shoot
Hill.
4
¶8.
After the defense rested, the jury received numerous instructions on the law, including
instructions for the crimes of aiding and abetting, murder, and manslaughter. The jury found
Trotter guilty of murder as charged, and he was sentenced to life imprisonment. After trial,
Trotter filed a motion for judgment notwithstanding the verdict (JNOV) or, in the alternative,
a new trial, which was denied. Trotter now appeals, raising several issues, which we shall
discuss in turn.
ANALYSIS OF THE ISSUES
1.
¶9.
Whether the circuit court erred in admitting into evidence the victim’s
statement as a dying declaration.
After the jury was empaneled, the defense moved ore tenus to exclude the hearsay
testimony of Officer Grayson regarding Hill’s statements upon finding him shot in his
doorway. Hill told Officer Grayson that “Pooh Man” shot him – “the guy who lives down
the street . . . drives the blue Cadillac, lives in that trailer.” The circuit court judge heard
Officer Grayson’s proffered testimony and admitted it into evidence as a dying declaration
exception to hearsay under Mississippi Rule of Evidence 804(b)(2). A dying declaration is
made “by a declarant while believing that his death [is] imminent, concerning the cause or
circumstances of what he believe[s] to be his impending death.” M.R.E. 804(b)(2). In order
to determine whether a statement qualifies as a dying declaration, the Mississippi Supreme
Court articulated the following three-prong test in Watts v. State, 492 So. 2d 1281 (Miss.
1986): “1. The wounded person is in extremis and dies after making the statement, 2. The
person realizes that he is mortally wounded, and 3. He has no hope of recovery.” Id. at 1287
(citing Fuson v. State, 413 So. 2d 734, 737 (Miss. 1982); Clark v. State, 398 So. 2d 229, 230
5
(Miss. 1981)). This Court’s standard of review regarding the admissibility of testimonial
evidence is an abuse of discretion. Harris v. State, 861 So. 2d 1003, 1018 (¶41) (Miss.
2003). We leave such admissions to the sound discretion of the trial judge, and any error
warrants reversal only when the abuse of discretion prejudices the accused. Id.
¶10.
Trotter argues that no evidence was introduced which proved Hill knew he was
mortally wounded and had no hope of recovery; instead, testimony indicates Hill merely
asked Officer Grayson for assistance. Trotter points to the fact that Hill never specifically
said he was dying, and nobody else but Officer Grayson heard Hill’s comments. Trotter thus
concludes that Hill’s statements should not have been admitted as a dying-declaration
exception to the hearsay rule. We disagree.
¶11.
The evidence in the record indicates Hill could have known of his impending death
and that he had no hope of recovery even if not specifically expressed by him. The Watts
court explained that the “knowledge of impending death may be inferred from the nature and
extent of the wound inflicted upon the victim” without any expressed declaration of the
victim to show “he was sensible of impending death.” Watts, 492 So. 2d at 1287-88 (quoting
Clark, 398 So. 2d at 230-31). When Officer Grayson found Hill lying in his doorway, Hill
said to him: “Man, I need some help. I’m cold.” It could be inferred from the situation that
Hill knew he had been shot and lying in his doorway, unable to rise, for a long period of
time. Officer Grayson testified that Hill was going in and out of consciousness while
speaking with him, and Hill specifically told him he could not move. In Officer Grayson’s
proffered testimony, when he asked Hill where he had been shot, Hill moved his arm so
Officer Grayson could then see the bullet wound in Hill’s upper left chest, near his heart.
6
Hill never recovered from his injury and died thirteen days later.
We find Hill’s
consciousness of his own death can be reasonably inferred from the above facts; thus, his
statement to Officer Grayson could be considered a dying declaration. Accordingly, we find
that the circuit court did not err in admitting Officer Grayson’s testimony regarding the
victim’s statement.
2.
¶12.
Whether the circuit court erred in failing to declare a mistrial due to the
prosecutor’s remarks during voir dire.
During voir dire, the following remarks were made to prospective jurors by the
prosecutor and defense counsel:
Q.
Q.
¶13.
The charge in this case is murder. It’s not capital murder, and I just
want to clear that up. There is a distinction. If someone were charged
with the crime of capital murder, then a jury would have to determine
not only guilt or innocence, but what sentence would be imposed. All
right? Because the death penalty is a possibility in a capital murder
trial. This is not a capital murder trial. The death penalty is not a
possible sentence in this case. Murder is limited to a term of
imprisonment. . . .
Defense counsel: Your Honor. . . . I don’t think this is proper
voir dire examination on what the penalties would be. The jury will be
instructed as to what their job is. The Court will give them the law on
what their job is.
And to give them any information about possible sentences as
to any crime that may be charged I think would be improper at any
stage of the trial, certainly at this early stage.
The Court: Objection overruled.
[T]he purpose of this question is [to] make sure that everybody
understands, first, what your job will be in this case, solely the
determination of guilty or innocence, and that the sentence is up to the
Court. . . . [T]he reason I ask this is because people have all kind of
views about capital cases. I want to make sure that everybody
understands that you’re not going to be asked to impose the death
sentence, or any sentence for that matter. Does everybody understand
that?
Trotter contends that the prosecutor’s remarks about sentencing so prejudiced him that
7
he was denied the right to a fair trial, as the remarks focused the jury’s attention for the
remainder of Trotter’s trial on sentencing, not the evidence of his guilt or innocence. The
State argues that this issue is waived, as Trotter’s trial counsel did not request a new trial at
the time of his objection and did not mention this issue in the motion for a JNOV or a new
trial.
¶14.
According to the record, while Trotter’s trial counsel did make a general objection to
the prosecutor’s statements during voir dire, the State is correct in noting Trotter did not
specifically request a new trial, nor did he request the judge to tell the jury to disregard the
statements. Had the prosecutor’s comments been so prejudicial to Trotter to deny him a fair
trial, we would not disregard them because a constitutional right is at issue. However, we
find no such prejudice.
¶15.
Trotter cites Marks v. State, 532 So. 2d 976 (Miss. 1988) in support of his argument
of prosecutorial misconduct that results in an unfair trial. In Marks, the Mississippi Supreme
Court stated, “[w]e have consistently disapproved of arguments which refer to the potential
sentence in a given case. . . . [t]he problem with arguments such as these is that they invite
the jury to convict with regard to the punishment, not with regard to the evidence before
them, and the jury should have no concern with the quantum of punishment to be imposed.”
Id. at 983. The Mississippi Supreme Court continued that “condemnation of such arguments
by prosecutors is our easiest task. The more formidable task is in deciding whether this
improper argument rises to the level of reversible error.” Id. In the instant case, we find that
the prosecution was merely advising the potential jurors that they would not be called upon
to decide a death-penalty case. Any time jurors learn they will be hearing a case that
8
involves “murder,” they could have legitimate concerns about the possible imposition of the
death penalty. In fact, we note that if Trotter’s case had been a death-penalty case, trial
counsel would be exploring the jury’s ethical concerns extensively. We acknowledge that
advising the jury whether or not a case involves the death penalty is more properly for the
trial judge than for trial counsel. However, to the extent there may have been a violation of
the supreme court’s holding in Marks, regarding the prosecutor’s remarks during voir dire,
we find no prejudice to Trotter. The prosecutor made no effort to advise the jury as to the
different sentences or number of years under each sentence for the crimes of murder or
manslaughter – the two crimes the jury would be considering.
This situation is
distinguishable from Marks, where the prosecutor’s objectionable comments during closing
argument compared the sentences of murder and manslaughter. In Marks, the prosecutor
stated, “[a] manslaughter conviction will not penalize this defendant enough . . . . [H]e will
get off. A murder conviction will punish him sufficiently . . . .” Id. Accordingly, we find
the trial court did not err in failing to declare a mistrial during voir dire.
3.
¶16.
Whether the circuit court committed reversible error when it admitted
Trotter’s two statements, regarding his involvement in the crime, into
evidence.
On June 12, 2003, after Trotter was taken into custody, he was informed of and
waived his Miranda rights. He gave two statements within an hour’s time regarding his
involvement in the murder – the second containing more details than the first, and both were
read to the jury at trial and admitted into evidence without objection. Trotter now argues that
the circuit court committed reversible error in admitting his two statements, primarily
because of the fact he was only seventeen years old at the time law enforcement questioned
9
him on June 12. Trotter also claims his statements to law enforcement violate the Mississippi
Youth Court Act because he was not informed that his mother had a right to be present. See
Miss. Code Ann. § 43-21-303(3) (Rev. 2004). Further, Trotter argues his statements should
have been suppressed because at the time he gave them, he had not been charged with a
crime, nor had he been told he was even a suspect in a crime.
¶17.
The standard of review for Miranda waivers is as follows:
The prosecution has the burden of proving beyond a reasonable doubt that the
confession was voluntary. Morgan v. State, 681 So. 2d 82, 86 (Miss. 1996).
This burden is met and a prima facie case established by the testimony of an
officer, or other persons having knowledge of the facts, that the confession was
voluntarily made without threats, coercion, or offers of reward. Dancer v.
State, 721 So. 2d 583, 587 (Miss. 1998) (holding the confession of a thirteenyear-old voluntary). Whether there was an intelligent, knowing and voluntary
waiver is a factual question to be determined by a trial court from the totality
of the circumstances. McGowan v. State, 706 So. 2d 231, 235 (Miss. 1997).
“This totality of the circumstances approach is adequate to determine whether
there has been a waiver even where interrogation of juveniles is involved. . .
.” Dancer, 721 So. 2d at 587 (quoting Fare v. Michael C., 442 U.S. 707, 99
S. Ct. 2560, 61 L. Ed. 2d 197 (1979)).
Martin v. State, 854 So. 2d 1004, 1006-07 (¶4) (Miss. 2003). The Fare court goes on to state
that “[t]he totality approach permits – indeed, it mandates – inquiry into all the circumstances
surrounding the interrogation. This includes evaluation of the juvenile’s age, experience,
education, background, and intelligence, and into whether he has the capacity to understand
the warnings given him . . . .” Fare, 442 U.S. at 725.
¶18.
As Trotter did not contemporaneously object to the admission of these statements into
evidence at trial, he is procedurally barred from any allegation of error on appeal. See
Washington v. State, 957 So. 2d 426, 429 (¶13) (Miss. Ct. App. 2007) (holding failure to
make a contemporaneous objection serves as waiver of any alleged error). “It is axiomatic
10
that a litigant is required to make a timely objection.” Smith v. State, 797 So. 2d 854, 856
(¶7) (Miss. 2001). Notwithstanding the procedural bar, after examining the record, we find
the prosecution met its burden of proving beyond a reasonable doubt that Trotter’s confession
was properly obtained. Officers Grayson and David Pitchford, who were present on June 12
when Trotter was brought into the sheriff’s department after his arrest, and when he gave his
two statements recounting the circumstances of Hill’s murder, testified for the State that
Trotter’s waiver was intelligent, knowing, and voluntary. Both officers stated Trotter was
given, read, and signed a Miranda waiver of rights form, which was introduced into
evidence. Additionally, the voluntary statement form on which Trotter’s handwritten
statements appear also had a Miranda waiver printed on it. Further, Trotter never claimed
his statements were coerced, threatened, or forced. Even at trial, Trotter maintained that his
handwritten statements were “the truth” and were voluntarily given, obviously in the hope
that he would not be convicted of murder because he claimed he was not the gunman.
Regarding other Fare factors such as age, education, and intellect, Trotter was seventeen
years old at the time of the waiver. Nothing in the record indicates he was below average in
maturity for his age. Further, age is just one factor in the totality of the circumstances test
and is not conclusive of an improper waiver of rights. See Woodham v. State, 779 So. 2d
158, 161-62 (¶¶13, 17) (Miss. 2001) (sixteen-year-old’s confession considered voluntary);
Moody v. State, 838 So. 2d 324, 333 (¶32) (Miss. Ct. App. 2002) (court deemed confession
by fourteen-year-old voluntary). Trotter had just graduated from high school at the time of
the incident and had planned to attend a community college, indicating he had the education
to understand what he read and signed. Further, according to the record, Trotter’s own
11
testimony at trial was articulate, showing his intellectual capacity to understand the waiver.
Under the totality of the circumstances and the Fare standard of review for a minor’s waiver,
the record shows there was substantial evidence Trotter understood his Miranda rights and
the consequences of waiving those rights. We agree with the circuit court that his waiver
was intelligent, knowing, and voluntary.
¶19.
Regarding Trotter’s argument that he did not know he was a suspect, the record
indicates he waived his rights and made the statements after he had been arrested by Officer
Pitchford and had been taken into custody for questioning. We fail to see how Trotter could
not have known he was a suspect, especially since he admitted he was at least present during
the murder, with the only other eyewitness being Pittman.
¶20.
Finally, Trotter claims that his statements should have been suppressed as they were
obtained without the presence of a parent, in violation of the Mississippi Youth Court Act.
While Trotter is correct that he had not been charged with a crime at the time of his
questioning on June 12, our Court has held that once a minor becomes a suspect of a crime
that carries a potential life sentence or death, such as murder, and it becomes necessary to
detain him, inform him of his Miranda rights, and interrogate him, the minor is removed
from the protection of the Youth Court Act pursuant to Mississippi Code Annotated section
43-21-151(1)(a) (Rev. 2004), and the circuit court has original jurisdiction.3 Moody, 838 So.
3
Section 43-21-151(1)(a) of the Youth Court Act states the youth court shall have
exclusive original jurisdiction in all proceedings concerning a child, which is defined as a
person who has not reached his or her eighteenth birthday, except when the child attempts
or commits an act which, if committed by an adult, would be punishable under state or
federal law by life imprisonment or death; then the circuit court will have original
jurisdiction.
12
2d at 334 (¶34). Once Trotter had been arrested and brought to the sheriff’s department, he
was considered a suspect for Hill’s murder. We find this argument without merit.
¶21.
Accordingly, we find the circuit court did not err in admitting Trotter’s two statements
regarding his involvement in the murder.
4.
¶22.
Whether Trotter’s trial counsel was ineffective.
Trotter asserts that he received ineffective assistance of counsel because: (1) Trotter
was not arraigned, (2) there was inadequate investigation and preparation of the case for trial,
(3) there was inadequate interviewing and usage of crucial witnesses at trial (including codefendant Pittman), (4) defense counsel failed to object to the admission of Trotter’s
statements to law enforcement, and (5) defense counsel failed to request a forensic expert to
counter Dr. Hayne’s testimony. Trotter did not raise this issue before the trial court; he raises
it for the first time on appeal.
¶23.
Because there is usually insufficient evidence in the trial record and related matters
to evaluate the claim, this Court has stated “[w]hen a party raises an ineffective assistance
of counsel claim on direct appeal, the proper resolution is to deny relief without prejudice to
the defendant’s right to assert the same claim in a post-conviction relief proceeding.” Graves
v. State, 914 So. 2d 788, 798 (¶35) (Miss. Ct. App. 2005). This Court will reach the merits
of an ineffective assistance claim only in instances where “(1) the record affirmatively shows
ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is
adequate to allow the appellate court to make the finding without consideration of the
findings of fact of the trial judge.” Wilcher v. State, 863 So. 2d 776, 825 (¶171) (Miss. 2003)
(citations omitted). Trotter claims that his trial counsel’s performance violated his Sixth
13
Amendment right to counsel. However, we find no affirmative showing of ineffective
assistance rising to constitutional dimensions within the record, and we find no related
stipulation between the parties. Accordingly, we decline to address this issue, and dismiss
it without prejudice. Trotter may raise this claim in post-conviction-relief proceedings.
5.
¶24.
Whether cumulative errors denied Trotter a right to a fair trial.
Trotter contends that due to the numerous alleged legal errors he suffered at trial, he
was denied the right to a fair trial. It is well established that this Court has the discretion to
determine in a case where individual errors, which are not reversible in themselves, when
considered cumulatively may warrant reversal based upon cumulative prejudicial effect.
Byrom v. State, 863 So. 2d 836, 847 (¶13) (Miss. 2003). The issue becomes “whether the
cumulative effect of all errors committed during the trial deprived the defendant of a
fundamentally fair and impartial trial.” Gibson v. State, 731 So. 2d 1087, 1098 (¶31) (Miss.
1998). After examining the record, we find no errors that so prejudiced Trotter as to have
denied him a fundamentally fair trial.
6.
¶25.
Whether Trotter’s sentence constitutes cruel and unusual punishment.
After the jury found Trotter guilty of murder, the circuit court judge sentenced him
to life imprisonment. Trotter notes that co-defendant Pittman was only sentenced to twenty
years for a conviction of manslaughter, and based on the evidence presented at trial, the jury
could not have definitively determined that Trotter was the gunman. Therefore, Trotter
argues his sentence, in comparison to Pittman’s, violates the Eight Amendment’s prohibition
against cruel and unusual punishment.
¶26.
“It is well established that [the appellate court] will not disturb a sentence where it
14
does not exceed the maximum period allowed by statute.” Ford v. State, 975 So. 2d 859, 869
(¶39) (Miss. 2008) (citing Williams v. State, 794 So. 2d 181, 188 (¶30) (Miss. 2001)).
However, if a sentence is grossly disproportionate to the crime committed, it may be
reviewed on Eighth Amendment grounds. Id.
¶27.
In Trotter’s case, the jury was instructed on the crimes of murder and manslaughter.
Additionally, the jury was instructed that if it found beyond a reasonable doubt that someone
other than Trotter committed the murder, but Trotter “either directed or aid[ed] and abett[ed]
that person” during the murder, it should find Trotter guilty of murder. Therefore the jury
could have properly found Trotter guilty of murder without Trotter’s actually having fired
the shot that killed Hill. Furthermore, Trotter’s sentence does not exceed the statutory
maximum; the only available punishment for murder is life in prison pursuant to Mississippi
Code Annotated section 97-3-21 (Rev. 2006).4
¶28.
Trotter cites Davis v. State, 724 So. 2d 342 (Miss. 1998) to argue that his case should
be remanded for resentencing. In Davis, the first-time offender was convicted of selling two
rocks of crack cocaine and sentenced to the maximum term of thirty years, which was
doubled because Davis sold the cocaine within 1,500 feet of a church. Id. at 343 (¶¶4-5).
The court vacated Davis’s sentence because there was nothing in the record to justify the
imposition of the maximum sentences.
Id. at 344-45 (¶¶10-11).
Trotter’s case is
distinguishable. The sentence of life imprisonment is the only option the circuit court judge
had once the jury convicted Trotter of murder; there is no matter of judicial discretion as in
4
This statute states a person convicted of murder shall be sentenced to imprisonment
for life in the State Penitentiary. Miss. Code Ann. § 97-3-21.
15
Davis.
¶29.
For the foregoing reasons, we find Trotter’s sentence does not constitute cruel and
unusual punishment.
CONCLUSION
¶30.
Based on the foregoing, we conclude Trotter’s assignments of error are without merit.
We therefore affirm his conviction of murder and sentence of life imprisonment.
¶31. THE JUDGMENT OF THE CIRCUIT COURT OF HUMPHREYS COUNTY
OF CONVICTION OF MURDER AND SENTENCE OF LIFE IMPRISONMENT IN
THE CUSTODY OF 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., IRVING, CHANDLER, GRIFFIS,
ISHEE, ROBERTS AND CARLTON, JJ., CONCUR.
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