Jones v. State

The trial court's error in admitting the defendant's comment to the arresting officer about a knife and in admitting the knife itself into evidence, given the overwhelming evidence of defendant's guilt.

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Terry Jones a/k/a Arthur Lee Parham and Bobby Johnson was convicted of robbery by force after he grabbed a woman’s neck, then pried a diamond studded ring off her finger and fled. As a result of Jones’s lengthy criminal history, the trial court imposed recidivist sentencing. Jones’s motion for new trial, as amended, was denied. For reasons not relevant to this appeal, Jones obtained permission to file an out-of-time appeal. In this appeal, Jones contends that the trial court erred in four evidentiary rulings and in part of the jury instruction. Although we find merit to two of his claims, in light of the overwhelming evidence of Jones’s guilt, we affirm.

Construed to support the jury’s verdict, the evidence showed that while the victim, a female college student, was walking toward the Vine City MARTA station, she noticed Jones approach another pedestrian who “disregarded whatever he said” and “shooed him off.” Jones had an Afro-type hair style, an average build, a light complexion, and was wearing blue jeans and a distinctive black jacket emblazoned with the name and emblem of the Chicago Bulls. When Jones walked up to the young woman, he feigned a foreign accent. He claimed that he had already paid for lodgings but that due to his language problems could not find the place. Flashing what appeared to be a wad of folded dollar bills, Jones offered to pay her to help find the place he claimed to seek. The victim refused to help and directed Jones to a nearby telephone. Without warning, Jones suddenly grabbed the victim around the neck and demanded to know if she had any jewelry. Then, twisting her hand, Jones pried a gold ring from her finger. Immediately, Jones absconded with her property, a gold ring accented in the middle with small diamonds.

Jones v. State

The trial court's error in admitting the defendant's comment to the arresting officer about a knife and in admitting the knife itself into evidence, given the overwhelming evidence of defendant's guilt.

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