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Pinkins v. State

Trial court properly refused to remove juror who, during deliberations, telephoned a personal friend who was an assistant district attorney not involved in the case, since no communication took place that prejudiced the defendant.

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Along with co-defendants Brooks, Hurt and Littlejohn, Larry Pinkins was indicted for the offenses of conspiracy to commit armed robbery and armed robbery. Hurt pled guilty to conspiracy to commit armed robbery, and Littlejohn pled guilty to robbery. Both were witnesses in the jury trial of Pinkins and Brooks. A jury found both Pinkins and Brooks guilty of conspiracy to commit armed robbery. A judgment of conviction was entered upon the jury’s verdict, from which Pinkins appeals.

Pinkins contends the evidence was insufficient to support a conviction for conspiracy to commit armed robbery. He also asserts that the trial court erred in failing to remove a juror who, during the course of the jury’s deliberations, telephoned a personal friend, who was an assistant district attorney not involved in the case against Pinkins.

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