Goodwin v. State

644 So. 2d 1269, 1993 Ala. Crim. App. LEXIS 1253, 1993 WL 496826
CourtCourt of Criminal Appeals of Alabama
DecidedDecember 3, 1993
DocketCR-92-0493
StatusPublished
Cited by18 cases

This text of 644 So. 2d 1269 (Goodwin 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
Goodwin v. State, 644 So. 2d 1269, 1993 Ala. Crim. App. LEXIS 1253, 1993 WL 496826 (Ala. Ct. App. 1993).

Opinion

644 So.2d 1269 (1993)

Dewey GOODWIN, Jr., and Daren Goodwin
v.
STATE.

CR-92-0493.

Court of Criminal Appeals of Alabama.

December 3, 1993.
Rehearing Denied February 11, 1994.
Certiorari Denied July 29, 1994.

*1271 John Gunn, Roanoke, for Dewey Goodwin.

Roland L. Sledge, Valley, for Daren Goodwin.

James H. Evans, Atty. Gen., and Andy Poole, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 1930654, 1930685 and 1930689.

PATTERSON, Judge.

The appellants, Daren Goodwin and Dewey Goodwin were convicted of robbery in the first degree, § 13A-8-41, Code of Alabama 1975; conspiracy to commit robbery in the first degree, § 13A-4-3; and hindering prosecution in the first degree, § 13A-10-43. They were sentenced to 30 years' imprisonment on the robbery conviction, 10 years' imprisonment on the conspiracy conviction and 10 years' imprisonment on conviction for hindering prosecution, with the sentences to run concurrently.[1] They were also ordered to pay restitution in the amount of $3359.56. They appeal their convictions, raising several issues.

The state's evidence tends to show the following. Dewey, Daren and William Sellers went to David King's house in Atlanta to speak to King about selling a stolen car in Alabama. King agreed to join them the next day and asked if his cousin Xavier Murray could go with them. The next day, Dewey, Daren, and Sellers picked King and Murray up in Atlanta. King and Murray, both from Atlanta, were asked to join in the plan because Deroy Butler, the target of their scheme, did not know them. Butler knew Daren and Dewey. The group planned to sell or pawn the stolen car to Butler and then take it back. They decided that Murray and King would approach Butler because in addition to not being known by Butler, they were juveniles.

After arriving in Alabama, the group went to Butler's store, which was closed. Sellers left the group at this time. The rest of the group went to the house of Patrick Goodwin. The five agreed that King and Murray would attempt to sell or to pawn the stolen car to Butler. Any money obtained was to be split six ways. They also agreed that, if Butler refused to buy or pawn the car, King and Murray were to tie Butler up, cut the telephone lines at his house, and take his money. Dewey and Daren gave King and Murray guns to take with them and showed them how to use them. Daren loaded and gave Murray a .32 caliber pistol. Dewey gave King a .22 caliber pistol and explained that the gun was not working properly because it would take only one round at a time. Patrick, Dewey, and Daren left King and Murray near Butler's house and waited nearby in their vehicle.

King and Murray walked to Butler's house and discovered that he was not at home. They were about to leave when Butler drove up in his truck. They spoke to Butler about the possibility of pawning a car. When Butler asked them where the car was, they told him that the car had ran out of gas and was parked nearby. Butler told them that they had the wrong man and asked them to leave. Butler then entered his house. At this point, King's testimony and Murray's testimony differ. King testified that, after Butler told them that they had the wrong man they walked back to the waiting car and got the guns. Murray testified that they never left Butler's property, but had the guns in their possession from the beginning.

When Butler entered his house, he telephoned the sheriff's department and reported that something suspicious was going on at his residence. He was told that the only car the department had out that day was not nearby, but that someone would come to his house soon. Butler then called a neighbor and asked her to come over because he said *1272 he was worried about the two men in his yard. King and Murray were still waiting outside the house when the neighbor and her son-in-law arrived. The neighbors went into the house to check on Butler. King and Murray testified that Butler had a gun (possibly a 12-gauge shotgun) well within view of the front door and that they felt threatened by it. Butler himself testified that he had a shotgun and that it is possible that King and Murray saw him pick up the shotgun and place it behind the door.

At this point, either King or Murray started to walk back behind the house. Butler yelled for him to come back, saying that the sheriff was on his way. Both men returned to the front of the house. At the time, Butler's neighbor was talking on the telephone with someone in the sheriff's department. Butler was then staring at a gun pointed at him through the storm door. King shot Butler three times and ran. Murray turned and ran when King fired the shots. King testified that he had seen Butler pick up his gun and that he shot Butler so he could escape. Butler denied ever having pointed a gun at anyone. Butler was hospitalized two days as a result of the bullet wounds, and the bullets were not removed from his body.

After Butler was shot, King and Murray ran down the road to find Dewey, Daren, and Patrick driving away. They hid in a cemetery while trying to decide what to do. The police later found the .22 caliber pistol in the cemetery and discovered that it was in fact defective in that it would take only one round at a time. They also found a mask and a cassette tape that were later determined to have had been left by King and Murray. King and Murray spent the night in a "hay stable." The next day they stopped at a house and asked the resident which direction they should walk to get back on the highway to Atlanta. When they reached the highway, they began walking in the direction that they thought was taking them to Atlanta. A motorist who knew King stopped on the highway, told them they were walking in the wrong direction, and gave them a ride. They eventually went to Patrick's house where they found Dewey, Daren, and Patrick. Dewey and Daren asked them if they had gotten any money. Murray and King wanted to return to Atlanta. Because the police would be looking for them and they thought roadblocks might have been set up, Murray and King suggested that they should ride in the trunk of the car. Daren and Dewey drove them to Atlanta. They rode in the trunk, but after crossing the Georgia state line, they rode in the back seat. Patrick stayed in Alabama.

Shortly thereafter, King and Murray were arrested in Atlanta for their involvement in the shooting. While King and Murray were in jail, Dewey, who was also in jail at the time, attempted to have a letter delivered to them. Jail personnel intercepted the letter and it was entered into evidence at trial. The letter basically instructed King and Murray as to what they should say to the police. Dewey suggested in the letter that, if they would follow his instructions, they would all stay out of trouble. He asked the juveniles to tell the police that they had been in their own car on the day of the shooting and that they shot Butler in self-defense. Dewey also promised to get them a good attorney if he was released. Dewey requested that they burn the letter after they finished reading it.

Dewey and Daren admitted at trial that they let King and Murray out of their automobile about one-half mile from Butler's house, but they claimed that they did not know what King and Murray were going to do. They also admitted knowing that the guns were in their car but they denied giving them to King and Murray. Dewey and Daren testified that they drove King and Murray to Atlanta, and that King and Murray rode part of the way in the trunk of their car.

I.

A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bosner v. State
274 So. 3d 1029 (Court of Criminal Appeals of Alabama, 2018)
Ex parte State of Alabama.
190 So. 3d 37 (Supreme Court of Alabama, 2014)
Davenport v. State
968 So. 2d 27 (Court of Criminal Appeals of Alabama, 2005)
C.L.Y. v. State
928 So. 2d 1069 (Supreme Court of Alabama, 2005)
Ex Parte CLY
928 So. 2d 1069 (Supreme Court of Alabama, 2005)
McGowan v. State
990 So. 2d 931 (Court of Criminal Appeals of Alabama, 2005)
Steele v. State
911 So. 2d 21 (Court of Criminal Appeals of Alabama, 2004)
C.L.Y. v. State
928 So. 2d 1047 (Court of Criminal Appeals of Alabama, 2003)
K.D.H. v. State
849 So. 2d 983 (Court of Criminal Appeals of Alabama, 2002)
Dorsey v. State
881 So. 2d 460 (Court of Criminal Appeals of Alabama, 2002)
Wingard v. State
821 So. 2d 240 (Court of Criminal Appeals of Alabama, 2001)
Ex Parte Hardley
766 So. 2d 154 (Supreme Court of Alabama, 1999)
Mangione v. State
740 So. 2d 444 (Court of Criminal Appeals of Alabama, 1998)
Perkins v. State
715 So. 2d 888 (Court of Criminal Appeals of Alabama, 1997)
State v. Hughes
938 P.2d 457 (Arizona Supreme Court, 1997)
Porter v. State
654 So. 2d 63 (Court of Criminal Appeals of Alabama, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
644 So. 2d 1269, 1993 Ala. Crim. App. LEXIS 1253, 1993 WL 496826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-state-alacrimapp-1993.