Banks v. State

GRIFFIS, J.,

for the Court.

¶ 1. Tommy Banks was convicted of armed robbery and sentenced to serve a term of thirty-five years in the custody of the Mississippi Department of Corrections. On appeal, Banks argues that: (1) the trial court erred in sentencing him to thirty-five years, (2) the trial court erred by relying on pending charges in sentencing him, and (3) the trial court erred in denying his motion for a new trial. We find no error and affirm.

FACTS

¶ 2. Tommy Banks and David Cortez Price went to the home of Charles Sud-duth and knocked on the door. When Sudduth opened the door, Banks…