Ford v. State

1975 OK CR 28, 532 P.2d 89
CourtCourt of Criminal Appeals of Oklahoma
DecidedFebruary 14, 1975
DocketF-74-725
StatusPublished
Cited by10 cases

This text of 1975 OK CR 28 (Ford 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
Ford v. State, 1975 OK CR 28, 532 P.2d 89 (Okla. Ct. App. 1975).

Opinion

OPINION

PER CURIAM:

Appellant, Frank Ford, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Custer County, Case No. CRF-72-133, for the offense of Robbery With Firearms, in violation of 21 O.S.1971, § 801. His punishment was fixed by jury at a term of twelve (12) years’ imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

The State’s first witness at trial was Clara Gainer. She testified that she was employed at the Trade Winds Motel in Clinton, Oklahoma, during the hours of 11:00 p. m. until 7:00 a. m. in the morning and was so employed on the night of November 26, ' 1972. After having been shown what had been marked for identification as State’s Exhibit No. 1, she identified the item as a registration card for the motel. She further stated that she had previously seen this particular card before on November 26, when a man by the name of Frank Ford registered at the motel. She then pointed out Frank Ford, the defendant, in the court room as the man who registered at the motel that night. She further stated that she knew it was the 26th of November, 1972 because the date was stamped on the back of the registration card.

Odessa Dagle testified that she was employed at the Trade Winds Motel in Clinton, Oklahoma, as desk clerk during the hours from 3:00 p. m. until 11:00 p. m., and was so employed on December 1, 1972. She further testified that one of her duties as desk clerk was to watch over the register and keep tabulations on it, and that on the night of December 1, 1972, she ran a tape on the cash register which totaled $649.84. After having been shown State’s Exhibit No. 2-A, a cash register tape, she testified that it was the same tape she ran on December 1, 1972, because she had signed her name on it. After having been shown State’s Exhibit No. 2-B, a food charge voucher, she testified that said voucher was paid out by her to the restaurant on December 1 and that she knew this because she had her signature on it. After having been shown State’s Exhibit No. 2-C, a payout laundry voucher, she testified that said voucher was paid out by her to a deliveryman for the laundry on December 1, and that she knew this because her signature was also on it. She was then shown State’s Exhibit No. 2-D, a check for $40.00, and she testified that she had seen this check previously when at the motel she cashed the check for a man. She was then shown State’s Exhibit No. 2-E, an advance salary voucher, whereafter she said that she had previously seen said voucher the night of December 1, when *91 she checked the register. She lastly testified that on the evening of December 1, 1972, when she left work, Ray Stine took over as clerk, and at such time all of the contents including State’s Exhibits A, B, C, D and E of State’s Exhibit No. 2 were in the cash register.

Chester Ray Stine testified that during the years 1955 to 1961 he was employed by the Clinton, Oklahoma Police Department, but that presently he was employed as night clerk at the Trade Winds Motel in Clinton, Oklahoma three nights a week from 11:00 p. m. until 7 :00 a. m. He further testified that on the night of December 1, he arrived at work at about 11:00 p. m. He said that later that night he observed through the window at about 11:20 p. m., two colored males walking along the south side exterior of the building and that thereafter the two males entered the motel office through the door and jumped over the counter. He said that the intruders held him at gunpoint and asked him to open the cash register which he did. The witness was then asked whether or not the two males who robbed him on that night were presently in the court room. An evi-dentiary hearing was then had outside the presence of the jury to determine whether or not the witness’ identification of the robbers would be admissible. From this hearing the following facts were adduced: Mr. Stine first saw the parties who came into the motel that night as they walked outside the window; he saw their faces after they came in the door and jumped over the counter, but when the parties were over the counter they remained behind him; he next saw the robbers at the police station after having been requested to view suspects. While he was at the station the police brought out defendant Ford and he recognized defendant Ford as the man who had robbed him at the motel that night. Thereafter, out of the presence of defendant Ford he subsequently identified defendant Jackson as the other party involved in the robbery. On further cross-examination he said that his testimony was that he saw enough of those two men at the motel to make a positive identification of them in court. The court then ruled that the in court identification would not be based on the view in the lineup or in custody viewing and therefore overruled defendant’s objections.

He then testified that the two men who robbed him that night were present in the court room and that said individuals were defendant Ford and defendant Jackson. He was then shown State’s Exhibit No. 2 and he thereafter testified that said items resembled or looked similar to what was in the cash register that night. He further testified that following the robbery he looked in the cash register and found it empty. He stated that as he went to the telephone to call the police, he noticed the stamp machine was gone. He was then shown State’s Exhibit No. 3, a stamp machine, and he testified that said machine resembled the stamp dispenser taken that night. He lastly testified that following the robbery he called the Clinton Police Department whereafter he was later met by Officer McClendon, to whom he related the details of the robbery.

Mark McClendon testified that he was employed as a Patrolman for the Clinton Police Department and was so employed oh December 1, 1972, during the hours of 8:00 p. m. until 6 :00 a. m. He further testified that on the night of December 1, he answered a dispatch concerning the Trade Winds Motel and that upon arrival at the motel he met with the motel attendant, Mr. Stine, who informed him that he had been robbed. Mr. Stine furnished him with a description of the robbers and further, Mr. Stine told him that the robbery was accomplished by the use of a gun. He further testified that earlier that evening he had issued a traffic citation to a Mr. Ford who fit the description of the robber given him by Mr. Stine. He then issued an order for an all points bulletin for Mr. Ford. He testified that he later received a radioed dispatch from Trooper Jones and Trooper Van Arsdell at approximately 11:50 p. m. and that thereafter he arrived at East 4th Street and Frisco Avenue in Clinton where *92 he observed the highway patrol unit and the vehicle driven earlier by Mr. Ford as they were rolling to a stop. He stated that at that time he and Trooper Jones approached the passenger’s side of the vehicle, which was driven by Mr. Ford, and that he saw a man bent over with his hands on the floorboard at which time Trooper Jones drew his pistol, asked the man to bring his hands up in plain view and to get out of the car, which he did. He testified that at that time he seized three $10.00 bills which were- crumpled on the floorboard. He further stated that the front pants’ pockets of defendant Jackson were crammed completely full of money and that the money was seized at that time by Trooper Jones, Trooper Van Arsdell and Captain Jay Green of the Clinton Police Department. He then identified this man as defendant Jackson and pointed him out in court.

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Cite This Page — Counsel Stack

Bluebook (online)
1975 OK CR 28, 532 P.2d 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-oklacrimapp-1975.