Gossett v. State

1976 OK CR 181, 553 P.2d 215, 1976 Okla. Crim. App. LEXIS 524
CourtCourt of Criminal Appeals of Oklahoma
DecidedAugust 10, 1976
DocketNo. F-75-486
StatusPublished
Cited by3 cases

This text of 1976 OK CR 181 (Gossett 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
Gossett v. State, 1976 OK CR 181, 553 P.2d 215, 1976 Okla. Crim. App. LEXIS 524 (Okla. Ct. App. 1976).

Opinion

OPINION

BLISS, Judge:

Appellant, Tracey Douglas Gossett, a/k/a Ray Lee Jaggers, hereinafter referred to as defendant, was charged in the Oklahoma County District Court, Case No. CRF-74-679, for the offense of Burglary in the Second Degree, in violation of 21 O.S.1971, § 1435. He was tried by a jury, found guilty as charged and sentenced to a term of imprisonment of five (5) years in the Oklahoma State Penitentiary, and from this judgment and sentence a timely appeal has been perfected to this Court.

The State’s first witness was David French, owner of French Trucking Company at 2509 South Eastern in Oklahoma City. He testified that on the 17th day of February, 1974, at approximately 10:45 P. M., he received a call from his night watchman, reporting that his office had been broken into. Upon arrival at the scene, this witness ascertained that his suede jacket and a television set were missing. In addition, the front door of the office was open and the office safe had been moved outside. Also, an automobile seat had been abandoned and was lying to the left of the office door. The witness [216]*216further testified that it appeared to him that the door had been pried open. There was an O.G. & E. night light over the office.

The State’s next witness was Doyle Wel-ton Evans, who was employed by French Trucking Company as a night watchman. He testified that on the night in question, he was studying in a small office building located a short distance from the main office building. Shortly after 10:00 P.M. he began to hear noises which were “out of the ordinary”. He checked several times but could see nothing from his position. Subsequently, upon hearing a sound of a car leaving he went across the yard and saw a white vehicle turning west on to 25th Street from the front driveway. The vehicle appeared to be a Rambler car with a white right taillight. Immediately following the departure of said vehicle, the police and Mr. Robinson, who owned an air conditioning business up the street, arrived at the scene and inquired if the witness knew there had been a robbery. It was then that the witness noticed that the safe had moved out of the office.

The State then called Joseph Robinson, who owned an air conditioning shop at 1800 South Eastern, who testifed that on the evening of February 17th, 1974, he was returning to his shop from a coffee break at a truck stop located at 44th and South Eastern. And while passing the office of the French Trucking Company, he noticed a white or cream colored 1962 Rambler backed up to the office. There were two white males standing in the doorway and an object lying just outside the door. The witness proceeded to his shop, immediately notified the police, then returned to the scene. Upon returning to the scene, he found that the vehicle and the two individuals had departed and the police had arrived. Later, this witness accompanied the police to the vicinity of 18th or 19th Street where he identified the vehicle found there to be the same as the one he saw earlier.

The next witness to testify for the State was Lloyd Barnes, owner of a wrecker service. He testified that at approximately 10:45 P.M., while at the Del City Police Department, he overheard the report of the burglary of French Trucking Company. This witness testified that included in the dispatch was a description of the suspect vehicle as a white Rambler with a white right taillight. The witness immediately departed and proceeded West on 29th Street and at the intersection of 29th and 1-35 he observed the vehicle in question. He then notified the police by radio and began to follow the vehicle. The suspect vehicle returned past the scene and the witness slowed temporarily to alert the police. The police joined in the chase but subsequently lost the vehicle. However, the witness did note the license tag number of the vehicle as being “X-ray Lincoln 5517” which he reported to the police.

The State then called Edward Lee Campbell, a police officer for the Oklahoma City Police Department. He testified that on the night in question at approximately 10:45 P.M., he and co-officer White arrived at the scene in answer to a burglary dispatch. Upon arrival, he found a door to the office building open and a large safe lying partly outside the office. Also, there was a tan rear automobile seat lying next to the office. While talking to Robinson, the officers were alerted by Mr. Barnes and they followed in pursuit of the suspect vehicle. However, due to the police vehicle’s faulty brakes the suspect vehicle was subsequently lost and the two officers returned to the scene. The witness testified that seven to thirteen minutes later he received notice that the suspect vehicle had been located and that his partner went to the location and transported the suspect back to the scene. At this time the witness identified State’s Exhibit No. 1 as a picture taken in his presence which depicted the scene as he found it on the night in question. Furthermore, it was disclosed that neither he nor Officer White reported a white taillight prior to the chase.

The State’s next witness, Police Officer David White, gave testimony which was substantially the same as that of Officer [217]*217Campbell’s, with the following additions. Upon arriving at the location of the suspect vehicle, he found that the suspect had been detained by Sheriff and Police Officers and at this time he was given custody of the two individuals. The witness recognized the defendant as Ronald Lee Jag-gers, but the defendant had identified himself as Mr. Bolling. Upon inspection of the vehicle he found that it had a right white taillight and that the rear seat was missing. Neither the television nor the suede jacket was found in the vehicle, nor have they been located since, to the best of witness’ knowledge. The witness also identified State’s Exhibit No. 2 as the picture depicting the vehicle as he found it.

Next to testify for the State was Gilbert E. Sneeden, Jr., Patrolman for the Del City Police Department. He testified that after hearing the report of the burglary he proceeded to the scene. From there he began to patrol the area in search of the suspect vehicle after receiving information from a dispatcher that said vehicle -was a 1962 Rambler with a right white taillight. After a search of approximately 15 minutes, he observed a car matching that description parked on a residential street in about the 1900 block of Southeast 19th. Furthermore, he observed two white males, one of whom was the defendant, walking away from said car. The witness did not apprehend the two individuals but proceeded to report the tag number and examine the vehicle. At this time, the witness identified State’s Exhibit No. 3 as the picture of the interior of the 1962 Rambler with the rear seat missing.

Cliff Johnson, Deputy Sheriff of Oklahoma County, was called as the State’s next witness. He testified that while engaged in the search for the suspect vehicle, he and his partner overheard Patrolman Sneeden’s report of the location of said vehicle. They proceeded to the vicinity where they observed two males walking down the street. The two individuals were stopped and asked to identify themselves, whereupon the defendant identified himself as Dale Bolling and the other individual as Rick Jaggers. Furthermore it was a rather cold night, the two individuals, wearing relatively light jackets, were not dressed for the weather.

The State then called Jim Gallegly, a Detective from the stolen goods division for the Oklahoma City Police Department.

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Related

Bowman v. State
1978 OK CR 115 (Court of Criminal Appeals of Oklahoma, 1978)
Louder v. State
1977 OK CR 252 (Court of Criminal Appeals of Oklahoma, 1977)
Hill v. State
1977 OK CR 223 (Court of Criminal Appeals of Oklahoma, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
1976 OK CR 181, 553 P.2d 215, 1976 Okla. Crim. App. LEXIS 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gossett-v-state-oklacrimapp-1976.