Higgins v. State

1972 OK CR 16, 493 P.2d 1121, 1972 Okla. Crim. App. LEXIS 409
CourtCourt of Criminal Appeals of Oklahoma
DecidedJanuary 19, 1972
DocketA-17007
StatusPublished
Cited by4 cases

This text of 1972 OK CR 16 (Higgins 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
Higgins v. State, 1972 OK CR 16, 493 P.2d 1121, 1972 Okla. Crim. App. LEXIS 409 (Okla. Ct. App. 1972).

Opinions

BUSSEY, Presiding Judge:

Sharon L. Higgins, a/k/a Sharon L. Hill, a/k/a Sharon L. Carter, a/k/a Sharon L. Thompson, a/k/a Sharon Hayes, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Oklahoma County, Oklahoma, of Obtaining Money by Means and Use of a False and Bogus Check, After Former Conviction of a Felony; her punishment was fixed at ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Joyce Ann High, a co-defendant who was presently incarcerated in the state penitentiary, testified that On April 9, 1970, she and the defendant drove to Tulsa, Oklahoma, from Wichita, Kansas, to the home of Linda Barnett, defendant’s step-sister; that she took Linda Barnett’s Oklahoma driver’s license from her purse and put it in the defendant’s purse. On the following day, April 10, she and the defendant proceeded to Oklahoma City; they went to the Liberty National Bank, whereupon she entered, with the defendant waiting outside. Joyce opened a checking account in the name of Sandra Parkins, with $50.00 being deposited to the account. She and the defendant each contributed $25.00 in establishing the account, and Joyce was issued a pad of twenty checks. They went to a motel, and both she and the defendant filled out the checks. Joyce identified State’s Exhibit Number Three, a check made payable to Linda Barnett, signed by Mrs. Sandra Parkins. The defendant cashed State’s Exhibit Number Three at the Trade-Mart. She and the defendant cashed approximately fifteen (15) similar checks at various stores. She identified Exhibits Four through Ten as checks that they cashed.

On cross examination, she admitted three prior felony convictions, and that she had written a letter to the defendant wherein she stated, “Get me out of jail; I know you can do it. I’ve got to have the money or else.” (Tr. 16)

Ella Mae Barnett testified that the address and the phone number on the checks were the same as her present address and telephone number in Oklahoma City, and that she did not know the defendant.

Linda Barnett testified that on April 9, 1970, Joyce High and the defendant visited her home in Tulsa. After they left, she discovered her driver’s license was missing; she had not given anybody authority to take or use her license.

Deputy Sheriff Longacre testified that he unsuccessfully attempted to serve a subpoena on a prospective state witness, Larry Dean West. Longacre was able to ascertain that West was out of state.

Case Enoch testified that he was a court reporter and transcribed the testimony given at a previous hearing by Larry Dean West. West’s testimony was thereupon read to the jury. This testimony was not made a part of the Record before this Court.

Carol Pickens testified that she was employed by the Liberty National Bank, and that she opened an account for a female, checking account number 340-647-4, in the name of Sandra Parkins. She testified that State’s Exhibits Three through Ten were the same account number.

Harvey Dowdy testified that he was in charge of the checking account division for the Liberty National Bank. Defendant thereupon stipulated that the bank records would reflect that the account number 340-647-4 was opened for $50.00, that approximately fifteen (15) checks were written, all over a hundred dollars, and no other deposit was made to that account.

Ernest Smith testified that he was employed as a Questioned Documents Examiner for the Oklahoma State Bureau of Investigation, and had been employed there for fourteen years. He examined a known specimen of the defendant’s handwriting and compared the same with State’s Exhibit Number Three. Smith was of the [1123]*1123opinion that the defendant endorsed State’s Exhibit Number Three.

Deputy Sheriff Wright identified a fingerprint identification card taken from the defendant.

Carl Cloud testified that he was a fingerprint technician for the State Bureau of Investigation, and that he had had sixteen years experience in fingerprint identification. He testified that he compared a fingerprint found on State’s Exhibit Number Four with the known fingerprint card of the defendant, and was of the opinion that they were identical.

For the defense, Rachel Fugate, the defendant’s mother, testified that on April 10, 1970, she was with the defendant at her home in Wichita, Kansas, from approximately 10:30 a. m. until 2:45 p. m. that afternoon, and that the defendant was babysitting with her brother’s children. She further testified that she had a phone conversation with the defendant the evening of April 10, and that she again saw the defendant the following day at her home. She testified that she had observed a letter from Joyce High, threatening that if they did not get her out of jail that she was going to involve the defendant.

The defendant testified that on April 9, she went to Tulsa to visit Linda Barnett with Joyce High. She did not have any knowledge that Joyce High had taken her step-sister’s driver’s license. She testified that on April 10, she was at her home in Wichita, Kansas, tending her children and a child of her brother. The only time she left her home on that date was to take the children to and from school. She denied having any connection with Joyce High in cashing the checks. She testified that she touched State’s Exhibit Number Four at the time she gave a handwriting sample. She also testified that she received a letter from Joyce High threatening that if she did not get her out of jail that she would “just take me down with her.” On the evening of April 10, she assisted a neighbor, Mrs. Daney, in moving. On cross examination, she admitted to prior felony convictions.

William Carter, the defendant’s brother, testified that he came to Wichita on April 10, 1970, to visit his wife’s grandmother, who was ill. He visited the defendant at her home from approximately 10:00 in the morning until 3:30 that afternoon, and the defendant kept his son until April 12.

Vada Daney testified that the defendant came to her home at about 5:15 the afternoon of April 10, and they discussed the defendant’s helping her move. She had a telephone conversation with the defendant at 8:00 the following morning at her home.

Bill Wade testified that he was the manager of a furniture company in Wichita, Kansas. He testified that the defendant was employed by him at the furniture store, and had been employed for approximately one month. Defendant had access to cash registers and she demonstrated nothing to lead him to believe that she was other than a faithful employe. She was prompt, a good sales lady, and was trustworthy.

In rebuttal, Detective Gary Caldwell testified that he was employed as a detective for the Wichita Police Department. On September 18, 1970, he had the occasion to go to the scene of an armed robbery at a tavern on the west side of Wichita. The defendant approached him and inquired if he would like to know who had committed the robbery. She agreed to furnish him the name if he would call the District Attorney in Oklahoma City and tell him that she had spent the night with him on April 9, 1970.

Officer Henderson testified that he obtained the original checks in question from April 20 through April 28, and retained possession of the checks until he delivered them to Ernest Smith on May 1, 1970. Ernest Smith was recalled and testified that he retained possession of the checks until the Preliminary Hearing conducted on August 13, 1970.

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660 P.2d 896 (Supreme Court of Colorado, 1983)
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636 P.2d 1329 (Colorado Court of Appeals, 1981)
Van Woundenberg v. State
1976 OK CR 12 (Court of Criminal Appeals of Oklahoma, 1976)
Higgins v. State
1972 OK CR 16 (Court of Criminal Appeals of Oklahoma, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
1972 OK CR 16, 493 P.2d 1121, 1972 Okla. Crim. App. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-state-oklacrimapp-1972.