CARLTON, J., FOR THE COURT
DATE OF JUDGMENT: 09/12/2017 TRIAL JUDGE: HON. CHARLES E. WEBSTER COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT DISTRICT ATTORNEY: BRENDA FAY MITCHELL NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 12/04/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED: BEFORE IRVING, P.J., CARLTON AND FAIR, JJ. CARLTON, J., FOR THE COURT : ¶1. A Coahoma County grand jury returned a two-count indictment charging Justin Booker with one count of conspiracy to commit the crime of robbery and one count of capital murder stemming from the death of Davis Goon. After a trial held in September 2017, the trial court declared a mistrial as to the capital murder charge because the jury could not reach a unanimous verdict, but the jury did find Booker guilty of conspiracy to commit robbery. The trial court sentenced Booker to serve five years in the custody of the Mississippi Department of Corrections (MDOC). ¶2. Booker now appeals his conviction and sentence. Booker's counsel has filed a brief pursuant to Lindsey v. State, 939 So. 2d 743 (Miss. 2005). His counsel states he has searched the record but was unable to find any arguable issues for appellate review. Booker was provided the opportunity to file a pro se brief, but he failed to do so. Finding no error, we affirm the trial court's judgment.
FACTS
¶3. On the night of December 26, 2013, Davis was shot and killed during a robbery in the grocery store he owned, Goon's Grocery. The grand jury jointly charged Booker, Cedric Collins, and DeSean Shields with one count of conspiracy to commit the crime of robbery and one count of capital murder in relation to Davis's death. Booker filed a pretrial motion for severance of his trial from that of his codefendants, and the trial court granted the motion. ¶4. At Booker's trial, which was held in September 2017, the jury heard testimony from Luther Lampkin, who testified that at about 6:45 p.m. on December 26, 2013, he was grilling food outside of his restaurant when he heard a door slam at Goon's Grocery. Luther explained that the grocery store was located nearby and within eyesight. Luther saw an individual wearing a hat come out of the grocery store and run east toward the railroad tracks. Luther heard a second slam and saw two more individuals exit the grocery store, followed recovered outside of the grocery store. The State then called Joseph Heflin of the Mississippi Crime Laboratory, who testified as an expert in the field of forensic biology, specializing in DNA analysis. Heflin testified that he compared the DNA sample from the Mountain Dew hat with the known DNA samples from Booker, Collins, and Shields. Heflin testified that "DNA from a couple of individuals" was present on the hat, and the dominant DNA profile he obtained from the hat was a partial DNA profile that "was consistent with the reference sample of Justin Booker." Heflin explained that he could not exclude Booker as the contributor of the dominant DNA profile on the hat, but he could exclude Shields and Collins as the contributor. ¶17. After the trial, the jury was unable to reach a unanimous verdict on the capital murder charge, and the trial court declared a mistrial as to that count. However, the jury returned a verdict finding Booker guilty of conspiracy to commit robbery. The trial court sentenced him to serve five years in the custody of the MDOC. Booker now appeals.
Davis and his father, Charles Goon, owned and operated three businesses in Clarksdale, Mississippi: Goon's Grocery, Goon's Package Store, and Goon's Furniture.
Prior to his trial, Booker filed a motion for a psychiatric examination to determine his competency to stand trial and his mental condition at the time of the offense, which the trial court granted. The trial court conducted a competency hearing and heard testimony from Dr. Criss Lott, who performed Booker's examination. Dr. Lott concluded that Booker was competent to stand trial and that he was not suffering from a severe mental disorder at the time of the offense. The trial court ruled that Booker was competent to stand trial.
Officer Walker testified that he obtained Miranda-waiver forms signed by Booker and his father prior to taking each statement. Miranda v. Arizona, 384 U.S. 436 (1966).
The State played both of Booker's recorded statements for the jury. --------
DISCUSSION
¶18. Booker's appointed appellate counsel filed a Lindsey brief, certifying that he has scoured the record and that the case presents no "arguable issues" for appeal. Lindsey, 939 So. 2d at 748 (¶18). Appellate counsel complied with Lindsey by sending Booker a copy of the brief and advising him of his right to file a pro se brief. See id. This Court also entered an order giving Booker an opportunity to file a pro se brief, but Booker did not file one. ¶19. Pursuant to Lindsey, we have "conducted an independent and thorough review of the record, and we conclude that there are no issues that warrant reversal." Taylor v. State, 162 So. 3d 780, 787 (¶18) (Miss. 2015). The State presented sufficient evidence to sustain Booker's conviction. We recognize that the jury's role is to assess the witnesses' credibility and resolve conflicts in the evidence. Little v. State, 233 So. 3d 288, 289 (¶1) (Miss. 2017). Keeping the jury's role in mind, we find that no basis exists for us to disturb the jury's verdict on appeal. Therefore, Booker's conviction and sentence are affirmed. ¶20. AFFIRMED.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, FAIR, WILSON, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.