State v. Phyle

444 N.W.2d 380, 1989 S.D. LEXIS 139, 1989 WL 89629
CourtSouth Dakota Supreme Court
DecidedAugust 9, 1989
Docket16471
StatusPublished
Cited by13 cases

This text of 444 N.W.2d 380 (State v. Phyle) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Phyle, 444 N.W.2d 380, 1989 S.D. LEXIS 139, 1989 WL 89629 (S.D. 1989).

Opinions

WUEST, Chief Justice.

Tyrane E. Phyle (defendant) was found guilty of first degree robbery, as defined by SDCL 22-30-6. He later pleaded guilty to being a habitual offender, in violation of SDCL 22-7-8. Defendant now appeals his conviction on the charge of first degree robbery claiming the evidence presented at trial was insufficient to either sustain a finding of guilt beyond a reasonable doubt or corroborate his accomplice’s testimony. He also alleges that the trial court erred in denying his motion for a mistrial after a witness testified a second time at the conclusion of the other state’s witnesses’ testimony. The trial court had previously ordered that this particular witness testify prior to receiving the testimony of the other witnesses. We affirm defendant’s conviction.

On the evening of April 23, 1988, a liquor store in Claire City, South Dakota, was robbed by a man wielding a .12 gauge shotgun. The liquor store was attended by an elderly lady named Gertrude Wolfe (Wolfe). The robbery occurred between 9:30 and 10:00. The robber absconded with approximately $200. Although Wolfe later stated the offender was approximately 5 feet 8 inches tall, she was unable to describe his facial characteristics because his face was masked by a blue bandanna with white polka dots. Wolfe also commented that the robber attempted to take the entire cash register drawer. When he encountered difficulty in doing so, he grabbed the cash therein and ran out the door.

[381]*381Between 9:00 and 9:30 that same evening, Doug Gutzmer (Doug) and Danny Ringsaker (Danny) arrived in Claire City to visit Danny’s brother, Clark Ringsaker (Clark). While driving through the town, Doug and Danny noticed a small, yellow pickup parked on the wrong side of the street near the liquor store. They observed an individual seated in the pickup on the passenger side. Shortly thereafter, they again drove by the liquor store and again observed the person seated in the pickup. Both Doug and Danny later stated that they believed the individual was “acting skittish.” After their second observation, they drove to Clark’s home. The individual seated in the pickup was later identified as Larry Phyle (Larry), defendant’s brother.

Shortly after Doug and Danny arrived at Clark’s home, the local “fire phone” rang. Clark answered the phone and was informed that the liquor store had just been robbed. Acting on their suspicions that the person seated in the yellow pickup was somehow involved in the robbery, Doug, Danny and Clark immediately drove to the liquor store. When they arrived at the liquor store, the yellow pickup and the person seated therein were gone. Shortly thereafter, they received a tip from a passerby that a yellow pickup had been seen traveling west on a gravel road just outside of town. Acting on this tip, the three men eventually caught up with the yellow pickup. Following closely behind the pickup, Clark then dimmed and brightened his headlights a few times, but there was no response from the pickup. Clark then drove alongside the pickup and forced it off the road. Sensing danger, Doug, Danny and Clark then proceeded to a nearby farm and the pickup followed them.

Upon arriving at the farm, Doug entered the house and obtained a rifle. By that time, the pickup had driven onto the farm yard. As Larry exited the pickup, Doug pointed the rifle at him and told him to remain still. Larry inquired as to why he had been forced off the road. He was told by one of the three men that they had suspected him of robbing the liquor store. After examining the pickup and discovering a broken .12 gauge shotgun in the pickup box, Clark summoned the Roberts County Sheriff’s Department. Deputy Sheriff Roger Wright (Wright) subsequently arrived at the farm. Wright was informed by Doug and Danny that they had seen Larry in front of the liquor store shortly before it had been robbed. They, along with Clark, also indicated that there had been two people in the pickup during the chase, but only Larry was found therein when it arrived at the farm.

Larry subsequently was taken to the Roberts County Jail in Sisseton, South Dakota. There, he was questioned by Sheriff Neil Long (Long). Initially, Larry denied having any knowledge of or involvement in the liquor store robbery. However, he later stated that he had been the “wheel man” in the robbery and eventually implicated his brother, defendant. Larry pleaded guilty to aiding and abetting robbery in the first degree. Defendant subsequently was arrested in Oklahoma. After a jury trial, he was convicted of first degree robbery.

On appeal, defendant contends that the evidence presented at trial was insufficient to either sustain a finding of guilt beyond a reasonable doubt or to corroborate Larry’s testimony. His appeal arises from the trial court’s denial of his two motions for a judgment of acquittal. These motions were made at the close of the State’s case.

SDCL 23A-23-1 provides, in pertinent part:

A court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in an indictment or information after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of the offense or offenses.

In State v. Jenner, 434 N.W.2d 76 (S.D.1988), we had the opportunity to discuss whether a trial court had erred in denying a defendant’s motion for judgment of acquittal. In addressing this issue, we stated:

[382]*382Our standard of review on denial of this motion is whether the State made out a prima facie case from which the jury could reasonably find the defendant guilty. Sufficiency of trial evidence rests on whether the evidence, if believed by the jury, is sufficient to find guilt beyond a reasonable doubt. In making such determination, this court will accept evidence and the most favorable inferences that can be fairly drawn from that evidence which will support the guilty verdict. (Citations omitted).

Id. at 81 (quoting State v. Weddell, 410 N.W.2d 553, 555-56 (S.D.1987)).

We believe that in the absence of the testimony of the accomplice (Larry), the evidence was not sufficient to find guilt beyond a reasonable doubt. However, the testimonial evidence of the accomplice and all evidence corroborating such testimony, if believed by the jury, is sufficient evidence to meet this standard. In reaching this conclusion, we note the significance of corroborative evidence as in relates to accomplice testimony. SDCL 23A-22-8 provides:

A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence which tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.

In State v. Reutter, 374 N.W.2d 617

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State v. Phyle
444 N.W.2d 380 (South Dakota Supreme Court, 1989)

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Bluebook (online)
444 N.W.2d 380, 1989 S.D. LEXIS 139, 1989 WL 89629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-phyle-sd-1989.