WACO (July 18, 2014) The 10th Court of Appeals on Thursday upheld a Waco’s man’s murder conviction in the December 2011 killing of a man who was shot in his sleep.
Jermaine Lamar Jones, 32, of Waco, was convicted April 11, 2013 of murder in connection with the December 2011 shooting death of Cedric Jay Robinson, 20, who died at Providence Health Care Center after he was shot inside his Adams Street apartment while he slept.
The jury found Jones to be a habitual criminal and sentenced him to serve 75 years in state prison.
Jones, in his appeal, told the 10th Court that the trial court erred during trial by improperly allowing the admission of evidence of a prior bad act.
The question revolves around testimony from the victim’s girlfriend about a drive by shooting that was reported several months before the murder.
Jones held that because there was such a long period of time between the drive by shooting and the murder, the first incident was not relevant to the murder case.
Second, Jones said the evidence about the drive by shooting was not sufficient to prove motive or identity.
And third Jonessaid that the probative value of the testimony about the drive by shooting was outweighed by its prejudicial effect.
On each point, however, the justices on the 10th Court disagreed and denied each point in Jones' appeal.