Cooks v. State

1977 OK CR 68, 560 P.2d 1019
CourtCourt of Criminal Appeals of Oklahoma
DecidedFebruary 24, 1977
DocketNo. F-76-765
StatusPublished
Cited by4 cases

This text of 1977 OK CR 68 (Cooks v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooks v. State, 1977 OK CR 68, 560 P.2d 1019 (Okla. Ct. App. 1977).

Opinion

[1021]*1021OPINION

BUSSEY, Presiding Judge:

Ralph B. Cooks, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pottawatomie County, Case No. CRF-75-442, for the offense of Knowingly Concealing Stolen Property, in violation of 21 O.S.1971, § 1713. His punishment was fixed at three (3) years’ imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Eddie Burr testified that on the evening of December 9, 1975, he was working traffic on Interstate 40 in Pottawatomie County, Oklahoma; that at approximately 9:00 p. m. he stopped a vehicle for speeding. He asked the driver to step back to the patrol car. The driver gave his name as that of the defendant. A passenger in the vehicle got out and walked back to the patrol car. The passenger gave his name as the true name of the driver, Anthony Taylor. The trooper discovered that the identities had been switched and ran a registration check of the vehicle. The check revealed that the vehicle was not registered under the name of “Cooks.” He asked the driver, Anthony Taylor, to walk to the car with him to get the title. After looking at the title, the defendant advised him that the vehicle belonged to him. He asked the defendant to step out of the car and discovered a concealed weapon in the vehicle. He placed both the defendant and Taylor under arrest for carrying a concealed weapon. He radioed for a wrecker to have the automobile impounded. While waiting for the wrecker to arrive, he inventoried the contents of the vehicle. He opened the trunk and found a car telephone radio, four C.B. transceivers, and 8-track tape deck, a .38 caliber snub-nosed pistol, a green hunting coat, a letter jacket, and two cases containing cameras and camera equipment. He subsequently turned the items over to Detective Bob Horn. He asked the defendant if the merchandise was stolen and the defendant advised him, “he did not know that it was stolen, if it was.” [Tr. 23] The defendant later stated, at the Sheriff’s Office, that he had purchased the items for $250.00.

Officer Bob Horn of the Tulsa Police Department testified that he went to Shawnee on December 10, 1975, to assist in the identification of certain property that had been recovered by the Highway Patrol. He took possession of certain items and transported them to the property room of the Tulsa Police Department. At this point the parties stipulated as to the chain of custody of the property.

Bob Roberts testified that on December 9, 1975, he discovered that someone had broken into his automobile. Two 35 mm. cameras, assorted lens, two C.B. transceivers and other personal property were missing from the vehicle. He subsequently came to Shawnee and identified the cameras, camera equipment, C.B. transceivers, a hunting jacket and a letter jacket.

Brent Champion testified that on December 9, 1975, he discovered that his car and pickup had been broken into and a radio telephone and a .38 caliber pistol were missing. He subsequently observed the radio telephone about a week later in the property room of the Tulsa Police Department. The radio telephone was later returned to him by the defendant. He had a conversation with the defendant on January 21, 1976, at the Pottawatomie County Courthouse, at which time the defendant stated, “Damn, I was just trying to make a few extra bucks for Christmas.” [Tr. 44] •

Jess Blynn Ray, III, testified that he discovered his car had been broken into on the morning of December 9, 1975. A Southwestern Bell telephone unit had been removed from the vehicle. He next observed the telephone unit at the Tulsa Police Department, several days later.

Dan MaGehee testified that he was an investigator for the Pottawatomie County District Attorney’s Office. He had a conversation with the defendant on December 11, 1975. The defendant was advised of his constitutional rights and that the conversation was being taped. Defendant stated that he had purchased the property from a [1022]*1022friend, and then asked him if he would turn off the recorder. Defendant stated, “you know how it is, I saw a chance to make a fast buck.” [Tr. 48]

Defendant testified that he had purchased the radios and camera equipment from Robert Jones. Jones informed him that the items had been pawned to him and directed the defendant and Taylor where to pick up the items. He asked Jones if any of the merchandise had been stolen and Jones replied that it had not. He paid Jones $250.00 and Taylor was supposed to pay him 300 additional dollars. He purchased the property to resell it, thinking that he might make a small profit on it.

Bob Roberts was called in rebuttal and testified that the value of his property that was recovered was approximately from $3,000.00 to $4,000.00.

For his first assignment of error, the defendant urges that the trial court erred in overruling a Demurrer to the Information in that it was so vaguely drawn as to render it impossible for the defendant to prepare his defense. Under this assignment of error the defendant alleges two propositions. In addition to the proposition mentioned above, the defendant also complains that because of the vagueness of the wording of the Information, the court allowed evidence to be admitted in which it was impossible to tell whether or not it was relative to the case at bar. More specifically, he complains of admission into evidence of items found in the defendant’s vehicle which were not specifically mentioned in the charging Information, to-wit: a C.B. transceiver and a Yashica camera.

We cannot agree with the defendant’s contention in regard to the Information. The charge, as contained in the Information, states:

“. . . that the said RALPH B. COOKS did unlawfully, wilfully, knowingly and feloniously, conceal from one Brent Crawford Champion, one Bob Lee Roberts, and one Jess Blynn, Jr., certain personal property of value, to-wit: one (1) AIMOR Brand 23-ehannel C.B. Radio, Serial number 102376, and one (1) Yashiki TL Elecrox .35mm camera, Serial number 2042456, and other camera equipment, that had prior thereto on the 9th day of December, 1975, been stolen from the said Brent Crawford Champion, Bob Lee Roberts, and Jess Blynn, Jr., the said defendant knowing or having reasonable cause to believe that said property was stolen did then and there unlawfully conceal and withhold said property from the owners thereof.”

The test of sufficiency of an Information is whether it alleges every form of the offense intended to be charged and sufficiently apprises the defendant of what he must be prepared to meet, and so defines and identifies the offense, that if convicted or acquitted, the defendant will be able to defend himself against any subsequent prosecution for the same offense. See, 22 O.S.1971, § 401(2) and Simmons v. State, Okl.Cr., 549 P.2d 111 (1976). Applying the foregoing test to the statute and case cited above, it is readily apparent to this Court that the Information under which the defendant was prosecuted herein meets all the test requirements.

We turn now to that portion of the defendant’s first assignment of error in which he alleges that the trial court erred in admitting certain exhibits into evidence which were not specifically listed in the charging Information.

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Related

Mitchell v. State
1983 OK CR 25 (Court of Criminal Appeals of Oklahoma, 1983)
Skidmore v. City of Oklahoma City
1981 OK CR 119 (Court of Criminal Appeals of Oklahoma, 1981)
Smith v. State
1977 OK CR 315 (Court of Criminal Appeals of Oklahoma, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
1977 OK CR 68, 560 P.2d 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooks-v-state-oklacrimapp-1977.