Branum v. State

623 So. 2d 348, 1992 Ala. Crim. App. LEXIS 359, 1992 WL 138056
CourtCourt of Criminal Appeals of Alabama
DecidedMay 29, 1992
DocketCR-90-844
StatusPublished
Cited by3 cases

This text of 623 So. 2d 348 (Branum v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Branum v. State, 623 So. 2d 348, 1992 Ala. Crim. App. LEXIS 359, 1992 WL 138056 (Ala. Ct. App. 1992).

Opinion

MONTIEL, Judge.

James Larry Branum and Tobi Carol Lambeth were both indicted for first degree burglary, in violation of § 13A-7-5, Code of Alabama 1975, first degree robbery, in violation of § 13A-8-41, Code of Alabama 1975, and first degree theft, in violation of § 13A-8-3, Code of Alabama 1975. Each offense was charged in a separate indictment. The appellants were found guilty as charged in the indictments after a consolidated trial. Branum was sentenced to 25 years in prison for the robbery conviction, 15 years for the burglary conviction and 15 years for the theft conviction, the sentences to run concurrently. Lambeth was sentenced to 25 years on each conviction, the sentences to run concurrently. This is a consolidated appeal from those convictions.

I

Branum first contends that the evidence was not sufficient to support his conviction because the State failed to prove that he was an accomplice to the charged crimes. We disagree.

James Tate testified that he was awakened at approximately 1:30 a.m. by a man who was holding a flashlight in his face and a gun in his ribs. The man told him to put his hands on top of the covers and that if he cooperated, he would not get hurt. Tate was in an upstairs bedroom. The man forced Tate to accompany him downstairs. Two other men were also downstairs. Tate testified that he was asked where he kept his money and the keys to his automobile. He gave the men the keys to his wife’s 1986 Cadillac automobile and a 1974 Mustang automobile. He further testified that the men took several small electrical appliances, three televisions, a videocassette recorder, a tape recorder, and a microwave oven. Tate further testified that his wife was also brought downstairs. One of the men told Tate’s wife, “Don’t be so slow, don’t make it a murder.” (R. 16.) Tate further stated that he found a broken window in the house that had not been broken prior to the incident. Tate testified that Lambeth’s mother rented a house from him that was 40 to 50 yards from his front porch.

Lillian Tate testified that she was getting out of her bed at approximately 1:30 a.m. when a voice from the hall told her not to move. She testified that a man said, “This is a robbery.” (R. 24.) The man was in the doorway holding a gun and a flashlight. He had a red bandanna over part of his face. He came in the bedroom and pulled the telephone cord out of the wall. Mrs. Tate testified that he shined the flashlight around the room. He took her rings from her fingers and went through all of her dresser drawers. He forced her to accompany him downstairs. She testified that two other men [350]*350were also downstairs. One of the men stated, “Grandma, get over here. Don’t be so slow. Don’t make this robbery into a murder.” (R. 26.) Mrs. Tate testified that she saw one of the men take a videocassette recorder. She further testified that one of the men took her back upstairs. He told her to raise her nightgown. He unzipped his blue jeans and told her to play with his penis. Mrs. Tate testified that she began screaming and that the man tried to slap her. He then left the room. She and her husband were later tied up together. Her husband was able to get them untied. Mrs. Tate testified that the Cadillac was gone after this incident.

Mrs. Tate further testified that the appellants came to her house two days prior to the robbery. She stated that Lambeth came to the front door and asked about some neighbors who lived next door. Mrs. Tate testified that Lambeth stood there for approximately two minutes. Branum was sitting in the passenger seat of a car looking at the house. Mrs. Tate further testified that Lam-beth’s mother cleaned her house when Mrs. Tate was ill.

Louise Hall testified that she lived 40 yards from the Tates’ house. She stated that she was visiting Mrs. Tate two days before the incident. Lambeth came to the front door and asked about the Tates’ neighbors. Lambeth stated that the neighbors’ dog had torn up a sofa which was being stored in Lambeth’s mother’s garage. Hall testified that Lambeth was looking into the house. Lambeth stayed between 5 and 10 minutes. Hall further testified that she saw a young man sitting in the passenger seat of a car looking all over the house.

Christopher Jordan testified that he and the appellants all lived at the house of Bra-num’s parents. He testified that he told the appellants that he did not have any money and that he wanted to commit a burglary. He further testified that Lambeth mentioned the Tates’ house approximately two days pri- or to the burglary. Jordan testified that Lambeth said that she knew of a house he could burglarize. Branum was also present for this conversation. Lambeth drove Jordan by the house. Branum was also in the car. Jordan testified that Lambeth took him back to the house at approximately 9:00 p.m. She walked around and showed him where all of the rooms were located.

Jordan also testified that earlier that day, he and the appellants got a gun which belonged to Branum’s brother. Branum’s brother suggested that they tell their parents that they were using the gun for squirrel hunting.

Jordan testified that he told the appellants that he was going to commit the burglary later that night. The appellants agreed to drive him to the house. Lambeth drove the car and Branum was in the front passenger seat. Jordan testified that he directed Lam-beth to Frank and Marty’s trailer. Frank and Marty were going to help Jordan break into the house. During the ride to Frank and Marty’s trailer, Lambeth told Jordan where Mr. Tate kept his gun and where Mrs. Tate kept her car keys. Jordan and the appellants also discussed the disposition of the property. Jordan testified that he told the appellants that he would give them some of the money that he got for the property if they let him bring the property back to their house. The appellants picked up Frank and Marty. Jordan, Marty, and Frank discussed how they would gain access into the house. Lambeth dropped the three men off at the end of the Tates’ driveway. Jordan admitted to breaking into the house and robbing the Tates. He testified that he only held a gun on Mrs. Tate once. He testified that he started her car and that he waited for Frank and Marty to rob the house.

Jordan testified that he returned to the Branum’s house in Mrs. Tate’s 1986 Cadillac. The appellants were there. He unloaded the stolen property and was arrested shortly thereafter.

Lieutenant Wayne Farmer of the Mobile Police Department testified that he responded to a call shortly after the commission of the offenses. He went to the Branum house. The appellants gave him their consent to search the house. He found some of the stolen property and a rifle.

Corporal Ray Robinson of the Mobile Police Department took several statements from the appellants. Lambeth and Branum [351]*351initially denied any involvement in the crimes. Lambeth later stated that she knew what was going to happen when she drove the three men to the Tates’ house. She stated that her earlier statement was not trae and that she took the men to the Tates’ house for the purpose of robbing them. She admitted to participating in the crimes. Bra-num later stated that when they dropped off the three men, he knew they were going to do something wrong. He also stated that the men used his brother’s gun and that he knew he dropped them off “for the express purpose of robbing the house.” (R. 187.) He also stated that he let them use the gun.

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Bluebook (online)
623 So. 2d 348, 1992 Ala. Crim. App. LEXIS 359, 1992 WL 138056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branum-v-state-alacrimapp-1992.