Mount v. State

680 So. 2d 1009, 1996 Ala. Crim. App. LEXIS 78, 1996 WL 126015
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 22, 1996
DocketCR-95-0136
StatusPublished
Cited by1 cases

This text of 680 So. 2d 1009 (Mount 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
Mount v. State, 680 So. 2d 1009, 1996 Ala. Crim. App. LEXIS 78, 1996 WL 126015 (Ala. Ct. App. 1996).

Opinion

TAYLOR, Presiding Judge.

The appellant, Derrick Lavone Mount, appeals his conviction for felony murder, a violation of 13A-6-2(a)(3), Code of Alabama 1975. He was sentenced to life imprisonment.

The state’s evidence tended to show that on August 15, 1994, John D. Wilson, Sr., an 85-year-old man, was found seriously injured at the house of Douglas Stoudemire. Officer Mark Kyzar with the Opp Police Department testified that he arrived at the Stoudemire house at 7:45 p.m. and that he found Terry Stoudemire, Douglas Stoudemire’s grandson, and Wilson inside the house. Wilson had a laceration on his head and was bleeding. Kyzar testified that Terry Stoudemire told him that he had just come from a friend’s house and that when he arrived home he found Wilson on the steps of his carport. Wilson told Officer Kyzer that someone had taken his wallet.

Wilson was taken to a local hospital. Dr. Horace Sanders, the emergency room physician at Mizell Memorial Hospital in Opp, who treated Wilson, testified that Wilson had a three-and-one-half-ineh laceration on his head that was so deep it penetrated to the bone. The day after the attack, doctors determined that Wilson had a subdural hemato-ma caused by the blow to the head. Wilson died several days after surgery was performed to relieve the subdural hematoma. Dr. Alfredo Paradez, a state medical examiner, testified that Wilson died as a result of the hematoma caused by the blow to the head.

Douglas Stoudemire testified that he lives with his wife, Louise, and his grandson, Terry. John D. Wilson, Jr., testified that his father, the victim, owned rental property in Opp and that he was also in the business of lending money and cashing checks. He stated that his father often carried $1,000 to $1,500 in cash in his wallet. The victim had cashed cheeks for Louise Stoudemire in the past.

Susan Dee testified that on the evening Wilson suffered the injury, between 6:20 and 6:30 p.m., she had taken two telephone calls from someone asking to speak to her husband, John Dee, about cashing a check. She told the caller that he had telephoned the wrong person and that he needed to call John D. Wilson.

Louise Stoudemire was in the hospital on the day of the murder. Douglas Stoudemire testified that at approximately 4:00 p.m. on that day, he went back to his house and saw the appellant with his grandson, Terry.

John Christopher Lamar Austin testified that on the evening of the murder he drove by the Stoudemire house at around 7:30 p.m. and saw the appellant, Terry Stoudemire, and Nicholas Raybom. Austin testified that the appellant had a red “scarf’ on his head and that Terry had a blue “scarf” on his head. Austin further testified that a few minutes later he passed the victim, who was driving on highway 331. He stated that he [1011]*1011thought it was unusual for “Mr. D.” to be out at that time of night.

Officer Marcus Nawlin, an investigator with the Opp Police Department, testified that he spoke with John D. Wilson, Sr., in the emergency room. Wilson told him that a man had telephoned him and asked him to come to Louise Stoudemire’s to cash a cheek. Wilson told him that as he was standing by the door to the house inside the carport, someone hit him from behind and he was knocked unconscious. He stated to Nawlin that when he woke he noticed that his wallet was missing. Later, the victim told his son that his attackers were black, and that one had a dark complexion and the other had a light complexion.

Carlos Lindsey, a Mend of the appellant, testified that he spoke with the appellant a couple of weeks after Wilson died. Lindsey testified that the appellant told him that he, Terry Stoudemire, and Nick Rayborn had waited for Wilson in the Stoudemire’s utility room and that they had planned to throw a sheet over Wilson and take his wallet. The appellant told Lindsey that when they grabbed Wilson he fell and they then ran away.

Chris Burnette testified that he and the appellant had become Mends when they were inmates in the Southeastern Juvenile Detention Center. Burnette stated that Mount had told him that he and some Mends had robbed “the richest man in Opp.” Bur-nette also testified that Mount told him that they had burned Wilson’s wallet.

I

The appellant contends that there was insufficient evidence to support his conviction. The appellant was convicted of causing the death of John D. Wilson, Sr., during the commission of a robbery, a violation of 13A-6-2(a)(3). The evidence in this case was largely circumstantial. This court addressed the principles an appellate court must follow in reviewing a conviction based on circumstantial evidence in Deutcsh v. State, 610 So.2d 1212 (Ala.Cr.App.1992). We stated:

“The most basic principles of review can be summarized as follows: 1) In determining the sufficiency of the evidence to support a conviction, the test is whether the jury, not this' court, might reasonably find that the evidence excluded every reasonable hypothesis but that of guilt. In other words, does there exist any reasonable theory from which the jury might have concluded that the defendant was guilty of the crime charged? 2) The appellate court, in applying that test, must accept the evidence presented by the prosecution as true, must indulge all legitimate inferences in favor of the prosecution, and must consider the evidence in the light most favorable to the prosecution. 3) An appellate court may not reweigh the evidence presented at trial or substitute its judgment for that of the jury, except in those extreme situations when it determines that the verdict of the jury is wrong and unjust.”

610 So.2d at 1234.

Applying these principles to the evidence presented in this case, we find that the jury could have reasonably found from the evidence that the appellant was guilty of felony murder. John D. Wilson, Sr., told Officer Nawlin that he had received a telephone call from a man telling him to come to Louise Stoudemire’s house to cash a check. The appellant and Terry Stoudemire were seen at the Stoudemire home shortly before John D. Wilson, Sr., was found there. Carlos Lindsey, a Mend of the appellant’s, testified that the appellant told him that they had planned to lure Wilson to the Stoudemire house and take his wallet and that when they grabbed Wilson he fell. Further, Chris Burnette, testified that appellant Mount told him that he and some Mends had “robbed the richest man in Opp.”

The appellant also argues that the verdict is against the “weight” of the evidence. The question of the weight to be given to the evidence presented is strictly for the jury.

“The ‘weight of the evidence’ refers to ‘ “a determination [by] the trier of fact that a greater amount of credible evidence supports one side of an issue or cause than the other.” ’ Tibbs v. Florida, 457 U.S. 31, 37-38, 102 S.Ct. 2211, 2216, 72 L.Ed.2d 652 (1982). Bland v. State, 601 So.2d 521, 524 [1012]*1012(Ala.Cr.App.1992); Johnson v. State, 555 So.2d 818, 820 (Ala.Cr.App.1989). Conflicting evidence presents a jury issue. Smith v. State, 583 So.2d 990 (Ala.Cr.App.), writ denied, 583 So.2d 993 (Ala.1991). ‘The jury is the judge of the facts, the demeanor of the witnesses, and their testimony.’ Finch v. State, 445 So.2d 964 (Ala.Cr.App.1983).

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

Related

Read v. State
686 So. 2d 563 (Court of Criminal Appeals of Alabama, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
680 So. 2d 1009, 1996 Ala. Crim. App. LEXIS 78, 1996 WL 126015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-v-state-alacrimapp-1996.