State v. Phelps

677 S.W.2d 418, 1984 Mo. App. LEXIS 4837
Missouri Court of Appeals·Decided September 18, 1984·No. 47395·Published·Cited by 13 cases

Opinions

KAROHL, Judge.

Defendant-appellant, Ernest Lee Phelps, was jury tried and convicted of robbery first degree. § 569.020 RSMo 1978. Defendant, a prior offender, was sentenced to twenty-five years imprisonment.

Defendant’s sole point on appeal is that the trial court erred in allowing the state to cross-examine defendant about the details of a prior conviction for robbery second degree. We reverse and remand for a new trial.

On direct examination defendant acknowledged that he had a prior conviction for second degree robbery and armed criminal action. The following testimony was given on direct examination:

Q: You have been convicted of a crime before, haven’t you?
A: Yes, sir.
Q: What was that crime?
A: I was convicted of second degree robbery and armed criminal action.
Q: When was that?
A: .. February 13, 1981, I think.
Q: If I tell you it was June 25, 1981, would that sound right?
A: Huh?
Q: If I say you were convicted ..
A: .. oh, when was I convicted? Yeah, that would sound right when I was convicted.
Q: Did you go to trial on that ease, or plead [sic] guilty?
A: I plead guilty of that charge.
Q: You were guilty of that charge, weren’t you?
A: Yes sir.

On cross-examination the following occurred:

Q: You plead guilty because it was a negotiated plea?
A: I knew nothing about a negotiated plea.
Q: You weren’t asked by the court, as a result of an arrangement between you and the prosecutor’s office ..
[DEFENSE COUNSEL]: I think we are going a little far.
THE COURT: Overruled. Proceed.
Q: You plead guilty in exchange for a plea negotiation, didn’t you?
A: I plead guilty because the lawyer that I had said, you know, there is no sense in trying to lie or anything like that, so I plead guilty to the charge.
Q: Was that robbery not in Delwood? [sic — Deiiwood]
A: That robbery was in Delwood.
Q: You didn’t live in Delwood, did you? You lived down in north St. Louis city at the time of the first robbery?
A: Sir?
Q: You lived down in north St. Louis, not Delwood?
A: When the robbery took place in Del-wood, I was residing at 5424 Queens.
Q: That is right, in St. Louis?
A: That is right.
[420] Q: You came out to Delwood to do the robbery?
A: I did not come out to Delwood to do the robbery. I had not planned on doing the robbery in Delwood. I had got off work, I was with a friend and we were drinking. I had drank about a fifth of whiskey and I was drunk and that is how the robbery occurred.
Q: Did you get the gun before or after you got drunk?
A: Sir, could you explain yourself as to what you are talking about? I don’t understand what you’re talking about.
Q: You are saying now, the first one was only because you were drinking. Was it before or after you drank that fifth of whiskey you procured that gun?
[DEFENSE COUNSEL]: We are going a little far.
THE COURT: Overruled, this is cross-examination.
Q: You told them the first robbery was out in Delwood, you plead guilty to, you didn’t have anything to do with it?
A: I don’t understand how you are putting the question, sir.
Q: How much education have you had?
A: I have had a twelfth grade education, a year in junior college.
Q: You had one year of college. You just told these people you didn’t plan the first robbery in Delwood, right?
A: Yes, sir, I told them I did not plan it.
Q: And, you did that after you drank a fifth of whiskey?
A: That is right sir.
Q: My question is this. Did you have the gun before or after you drank the fifth of whiskey?
A: I had the gun after I drank the whiskey.
Q: Where did you get the gun?
A: Where did I get the gun from? I took the gun .. it had belonged to my stepfather and I took it from the house.
Q: After you drank the whiskey?
A: That was after I drank the whiskey.
Q: Came out to Delwood and did the robbery?
A: I didn’t exactly know where I was going. I was with another person. I didn’t know my way around the county and I was not driving, and he did the driving and that is where he ended up.
Q: Now, I want you to tell these people how long it was after you were given probation for the first robbery in Del-wood, between that date and July 20, the second robbery in Delwood [case on trial]. How many days between June 25, of 1981 and July 20, of 1981, sir, with your college education?
A: How many days between June 25 ..
Q: And July 20, of 1981. How long were you on probation for the second robbery?
A: How long was I on probation? I was on probation for about, I would say something like twenty-four days.

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

State v. Phelps, 677 S.W.2d 418, 1984 Mo. App. LEXIS 4837 (Mo. Ct. App. 1984).

677 S.W.2d 418 (State v. Phelps) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Missouri v. Clinton M. Boyd
Supreme Court of Missouri, 2023
State v. Watkins
527 S.W.3d 204 (Missouri Court of Appeals, 2017)
STATE OF MISSOURI, Plaintiff-Respondent v. JAMES A. RIGGS
520 S.W.3d 788 (Missouri Court of Appeals, 2016)
State v. Aye
927 S.W.2d 951 (Missouri Court of Appeals, 1996)
State v. Bradshaw
877 S.W.2d 714 (Missouri Court of Appeals, 1994)
State v. Light
871 S.W.2d 59 (Missouri Court of Appeals, 1994)
State v. Simmons
825 S.W.2d 361 (Missouri Court of Appeals, 1992)
State v. Ferguson
822 S.W.2d 466 (Missouri Court of Appeals, 1991)
State v. Jones
809 S.W.2d 45 (Missouri Court of Appeals, 1991)
State v. Richardson
791 S.W.2d 885 (Missouri Court of Appeals, 1990)
State v. Phelps
713 S.W.2d 555 (Missouri Court of Appeals, 1986)
State v. Silcox
694 S.W.2d 755 (Missouri Court of Appeals, 1985)