State v. Betts

559 S.W.3d 47
CourtMissouri Court of Appeals
DecidedSeptember 4, 2018
DocketNo. ED 105454
StatusPublished
Cited by7 cases

This text of 559 S.W.3d 47 (State v. Betts) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Betts, 559 S.W.3d 47 (Mo. Ct. App. 2018).

Opinion

Angela T. Quigless, J.

Ahmaad Betts ("Defendant") appeals from the judgment of the trial court convicting him of three counts of first-degree robbery and three counts of armed criminal action, following a jury trial. Defendant asserts three points on appeal, arguing: (1) the trial court erred in denying his motion for judgment of acquittal because there was insufficient evidence regarding his identity; (2) the trial court plainly erred in imposing the State's recommended sentence of twenty-two years because the sentence punished him for exercising his constitutional right to a jury trial; and (3) the trial court abused its discretion in admitting evidence that Co-Defendants implicated Defendant in statements made during their guilty pleas. We affirm.

Factual and Procedural Background

Defendant was arrested and charged with three counts of first-degree robbery, three counts of armed criminal action, one count of unlawful use of a weapon, and one count of misdemeanor possession of a controlled substance. The State elected to proceed *50to trial only on the counts of first-degree robbery and armed criminal action. Viewed in the light most favorable to the judgment, the evidence presented at trial established the following facts.

A. The Robberies

On June 22, 2015, between the hours of 5:00 am and 7:00 am, Defendant and three of his friends, Cory Thomas ("Thomas"), Nicholas Bryant ("Bryant"), and Derrick Mason ("Mason") (collectively "Co-Defendants"), robbed three victims at gunpoint. Defendant, Thomas, Bryant, and Mason (collectively "Defendants") were driving around North St. Louis in a white car with a piece of plastic covering the opening for the rear passenger-side window. Defendants were all wearing hoods over their heads and masks covering their entire faces, except their eyes. They were armed with at least two guns.

The first victim ("Victim 1") was walking to the bus stop to go to work when Defendants slowly drove past him and parked in a nearby empty lot. Defendant and one of his friends got out of the car wearing hoodies and ran towards Victim 1 carrying guns. As they approached, Victim 1 laid down on the ground. One of the Defendants held a gun to Victim 1's head and told him not to look, while the other went through his pockets. They took Victim 1's bag, wallet, and phone. Victim 1 returned home and told his girlfriend he was just robbed. She called the police, and they came to the apartment to investigate.

The second victim ("Victim 2") was walking his dog when Defendants drove by and parked on the street a few houses up. When Victim 2 got near Defendants' car, Defendant and one of his friends got out of the car wearing hoodies and masks, and ran towards Victim 2. They were armed with a gun and ordered Victim 2 to "[g]ive me what you got." They took Victim 2's wallet, $40 in cash, a credit card, and his phone. Victim 2 wrote down the license plate and called the police. Before Victim 2 could cancel his credit card, it was used at a nearby pharmacy and grocery store. Victim 2 provided the police with the license plate.

While the police were investigating the second robbery, they had to leave to investigate a robbery that was just called in regarding a third victim ("Victim 3"). Victim 3 was an elderly woman who was waiting for her friend to pick her up to go to church. Victim 3 walked off her front porch to get the newspaper, and when she returned, Defendant and one of his friends were waiting for her on her front porch. One of them yelled for her to give them her purse. When she did not immediately give them her purse, Defendant "conked [her] in the head with the butt of a gun," grabbed her purse, and left. Victim 3 called 911, and was transported to the hospital, where they stitched up the wound on her head.

Shortly after the robberies, the police put out a description of Defendants' vehicle, including the license plate provided by Victim 2. Five minutes later, a vehicle matching the description with three or four young men inside drove past Detective Keaton Strong ("Detective Strong"), who attempted to follow but lost sight of the vehicle. Ten minutes later, Detective Strong received another dispatch giving a possible location for the vehicle. The vehicle was parked in front of an apartment just down the street from Victim 1's home. The vehicle was parked there for roughly ten minutes before Detective Strong arrived to investigate. The vehicle's license plate matched the number provided by Victim 2 except for one letter. Victim 2 had mistaken the letter "D" for a "0" or an "O." Within fifteen minutes of confirming the vehicle's presence, the police took all *51three Co-Defendants and Defendant's juvenile brother into custody. Defendant was not present and was not arrested at that time.

None of the Victims were able to identify any of Defendants because they were wearing hoodies and had their faces covered with masks. However, Victim 2 was able to identify the vehicle parked outside of the apartment where Co-Defendants were arrested as the one that was used in the robbery. Additionally, at the time of the arrest, one of Co-Defendants was in possession of a backpack containing a firearm, a small amount of marijuana, and a purse, which Victim 3 identified as the one that had been stolen from her.

All three Co-Defendants were interrogated by Detective Donald Thurmond ("Detective Thurmond") and eventually confessed to the robberies. Thomas told Detective Thurmond he committed the robberies with Bryant, Mason, and a fourth person he refused to identify. Thomas also admitted he was the driver and the lookout for the robberies, and that they were armed with a firearm. Thomas was charged with the robberies and pleaded guilty. During his guilty plea hearing, Thomas indicated that Defendant was involved in each of the robberies.

While being interrogated, Mason also admitted his involvement in the robberies, and told Detective Thurmond that Thomas, Bryant, and Defendant were in the car with him. Mason said he waited in the car while Defendant and Bryant robbed Victim 1, but that he and Defendant were the ones who got out of the car to rob Victims 2 and 3, and that Defendant was the one with the gun during those robberies. Mason was also charged with the robberies and pleaded guilty. During his plea hearing, Mason indicated that Defendant was involved in each of the robberies.

Based on the statements from Thomas and Mason, Defendant was arrested and charged with three counts of first-degree robbery, three counts of armed criminal action, one count of unlawful use of a weapon, and one count of misdemeanor possession of a controlled substance.

B. Procedural History and Trial

Defendant pleaded not guilty, and demanded a jury trial. The State dropped the charges for unlawful use of a weapon and misdemeanor possession of a controlled substance. The State offered to recommend a sixteen-year sentence in exchange for Defendant's guilty plea. Defendant declined the offer. The State subsequently reduced the offer to a twelve-year recommended sentence, which Defendant also declined.

Prior to trial, Defendant filed a motion in limine to exclude any out-of-court statements identifying Defendant as one of the individuals who committed the robberies.

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

Related

State of Missouri v. Frank G. Washburn, Sr.
Missouri Court of Appeals, 2024
State of Missouri v. Christopher D. Robertson
Missouri Court of Appeals, 2023
Anthony Balbirnie v. State of Missouri
Missouri Court of Appeals, 2022
State of Missouri v. David Jose Escalona
Missouri Court of Appeals, 2021
Timothy S. Kelley v. State of Missouri
Missouri Court of Appeals, 2021
State of Missouri v. Anthony Dixon
Missouri Court of Appeals, 2019
State of Missouri v. Dashaun Wooten
573 S.W.3d 146 (Missouri Court of Appeals, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
559 S.W.3d 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-betts-moctapp-2018.