Robert Sanders v. State of Mississippi

Citation: Not availableDocket: 95-KA-00154-SCT

Court: Mississippi Supreme Court; December 8, 1994; Mississippi; State Supreme Court

Original Court Document: View Document

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Robert Sanders was indicted for conspiracy to commit armed robbery and capital murder in Washington County Circuit Court. Following a trial, he was convicted of both charges and sentenced to five years for conspiracy and life imprisonment for murder. Sanders appealed, arguing that the trial court erred by denying his request for a jury instruction on the lesser included offense of manslaughter.

The case stemmed from an incident on March 6, 1994, at C.C. Pool Hall, where the manager, Howard Joseph, was shot and killed during a robbery attempt by two masked men. Evidence linked Sanders and two accomplices, Dennis Parker and Kelvin Sanders, to the crime. Robert admitted to being present with the others and provided details about the shooting, including the weapons used. Dennis Parker, who pleaded guilty and testified against Robert, described their plan to intimidate patrons and collect money. The trial occurred from December 5 to 9, 1994, with the jury rendering their verdicts shortly thereafter.

Dennis and Robert entered a pool hall, followed by Kelvin. Robert announced a stickup and fired his gun four times into the air, while Dennis shot once before his gun jammed. The three then fled to Marcus Thomas' house to change clothes and returned to the pool hall to witness police securing the crime scene. While in jail, Dennis received a note from Robert, suggesting he claim responsibility for the crime due to Dennis's history of seizures and Robert's status as a father. This note, which matched Robert's palm prints, was provided to Dennis's attorney and subsequently to the police.

Patron Charles Wilson observed two men enter the pool hall—one dressed in black and the other in a gold ski mask, the latter matching Dennis's description. The masked man demanded money before firing shots. Officer Robert Dismuke found multiple shell casings at the scene. Forensic pathologist Steven Hayne confirmed that victim Howard Joseph sustained three gunshot wounds, with one fatal bullet consistent with a .22 caliber.

Robert Sanders testified that he was merely passing by when Dennis called him over, and claimed he did not fire any shots or send a note to Dennis. The defense sought a manslaughter jury instruction, which the court denied. Ultimately, the jury found Robert guilty of conspiracy to commit armed robbery and murder, resulting in a five-year sentence for conspiracy and life imprisonment for murder, with the sentences running consecutively.

Robert Sanders contended that the trial court erred by not providing an instruction on the lesser-included offense of manslaughter. He argued that, when considering evidence favorably for the defense, such an instruction was justified. However, the court found this argument unpersuasive, noting that Sanders was charged with capital murder during a robbery, which is explicitly excluded from manslaughter under Mississippi law. Additionally, Sanders did not present any claims or evidence supporting a manslaughter instruction. He consistently asserted that he was uninvolved in the robbery, claiming he did not possess a gun and merely happened to be nearby during the incident. The court highlighted that even if Sanders' claim of innocence were accepted, it would not meet the criteria for manslaughter but rather would indicate his innocence of any crime. Citing precedent from Holland v. State, the court reaffirmed that the available evidence could only justify a conviction for capital murder or the lesser offense of murder, thus affirming the trial court's decision to omit the manslaughter instruction. Consequently, the court upheld Sanders' convictions: five years for conspiracy to commit armed robbery and a life sentence for murder, with both sentences running consecutively.