State v. Riggins

528 P.2d 625, 111 Ariz. 281, 1974 Ariz. LEXIS 416
CourtArizona Supreme Court
DecidedNovember 14, 1974
Docket2929
StatusPublished
Cited by21 cases

This text of 528 P.2d 625 (State v. Riggins) is published on Counsel Stack Legal Research, covering Arizona 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. Riggins, 528 P.2d 625, 111 Ariz. 281, 1974 Ariz. LEXIS 416 (Ark. 1974).

Opinion

LOCKWOOD, Justice.

Defendant Charles Sam Riggins was tried and convicted by a jury of armed robbery in violation of A.R.S. §§ 13-641 and 13-643. He was sentenced to a term of at least five and no more than ten years in the Arizona State Prison. From his conviction and sentence he appeals.

Appellant first contends that the trial court erred in allowing the prosecution to reopen its case after the state had rested in order to establish that the victim’s money was taken during the attack. Specifically defendant alleges that the court’s action constituted an abuse of discretion and put him in jeopardy twice for the same offense in violation of the Fifth Amendment to the United States Constitution as well as article 2, section 10 of the Arizona Constitution, A.R.S.

This court has repeatedly stated that the decision to let the state reopen its case is left to the sound discretion of the trial court and will be adhered to in the absence of an abuse of that discretion. State v. Thomas, 110 Ariz. 120, 515 P.2d 865 (1973); State v. Cota, 99 Ariz. 237, 408 P.2d 27 (1965), cert. denied, 383 U.S. 929, 86 S.Ct. 937, 15 L.Ed.2d 848 (1966); State v. Boodry, 96 Ariz. 259, 394 P.2d 196 (1964), cert. denied 379 U.S. 949, 85 S.Ct. 448, 13 L.Ed.2d 546; State v. Moreno, 92 Ariz. 116, 374 P.2d 872 (1962); State v. Cassady, 67 Ariz. 48, 190 P.2d 501 (1948); James v. State, 53 Ariz. 42, 84 P.2d 1081 (1938). In State v. Favors, 92 Ariz. 147, 375 P.2d 260 (1962), the following situation arose:

“When defendant had finished his own closing argument he asked the court to instruct the jury that there was no evidence in the trial that the crime had been committed in Pima County. Thereupon plaintiff moved the court for permission to reopen the case for the purpose of hearing evidence regarding the question of venue, which motion was granted.” 92 Ariz. at 149, 375 P.2d at 260-261.

This Court found no abuse of discretion by the trial court and acknowledged that:

“ ‘[I]t is within the sound discretion of the trial court in the furtherance of the interests of justice after the parties have rested to permit either party to reopen a case, for the purpose of receiving further evidence * * * The exigencies of each particular case go far in controlling the discretion of the court in this regard * * * [The court] is not * * * justified in closing the case until all the evidence, offered in good faith and necessary to the ends of justice has been heard.’ ” 92 Ariz. at 149, 375 P.2d at 261 (n. 1).

Similar results have been reached in other decisions of this court. State v. Cassady, supra.

Accordingly we find no abuse of discretion by the trial court in allowing the prosecution after the state had rested to reopen its case in order to establish that the victim’s money was taken during the attack.

Neither do we feel the trial court’s decision placed the defendant in jeopardy twice for the same offense in violation of the Fifth Amendment to the United States Constitution or article 2, § 10 of the Arizona Constitution. Each case in which a double jeopardy claim is raised must take into account the particular facts of that case. Downum v. United States, 372 U.S. 734, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963). It is well settled that once a jury is impaneled and sworn and the proceedings commenced jeopardy attaches and, unless removed for some legál reason, the one in jeopardy cannot be again tried for the same offense. State v. Puckett, 92 Ariz. 407, 377 P.2d 779 (1963); Application of Williams, 85 Ariz. 109, 333 P.2d 280 (1959); Westover v. State, 66 Ariz. *284 145, 185 P.2d 315 (1947). Jeopardy may be removed for legal reasons in many cases, such as where a trial judge is forced to discharge the jury because of his illness, where a mistrial is declared because of the jury’s inability to reach a decision, where a mistrial is declared on defendant’s own motion or where a judge feels compelled to discharge himself • during a trial because of newspaper coverage asserting bias. State v. Woodring, 95 Ariz. 84, 386 P.2d 851 (1963); State v. Puckett, supra; State v. Dowthard, 92 Ariz. 44, 373 P.2d 357. (1962), cert. denied, 372 U.S. 920, 83 S.Ct. 735, 9 L.Ed.2d 726; Westover v. State, supra.

In the instant case, however, we need not search for a legal reason as the reopening of the prosecutor’s case here amounted to nothing more than a nonprejudicial rearranging of the proper order of presentation of the evidence. We agree with appellee that the state’s case was reopened to present evidence “offered in good faith and necessary to the ends of justice.” State v. Favors, supra.

Defendant’s second contention is that the prosecution failed to establish that a robbery had taken place. A.R.S. § 13-641 defines the crime of robbery:

“Robbery is the felonious taking of personal property in the possession of another from his person, or immediate presence, and against his will* accomplished by means of force or fear.”

At the trial the victim was unable to positively state that any particular attacker had taken his money:

“A. Then I fell. But when I fell they went to sticking me, beating me and then one of them cut me.
“Q. You said that you had $30.00 in your pocket. Is that correct?
“A. Yes.
“Q. When these three suspects were on top of you, did you feel anyone reach into your pockets ?
“A. I felt them all over me. I couldn’t tell you whether they was in my pockets or where.
“A- All I was worried about was protecting myself.”

Appellant asserts that the evidence was insufficient to establish that someone was criminally responsible for the absence of the money.

We do not agree. The record reveals that the victim was certain he had thirty dollars just before he was attacked and that it was missing just after the attack, during which he had been grabbed at, kicked and stabbed. It is not unreasonable to assume these events would provide a sufficient distraction such that the victim would be unable to remember if anyone had reached into his pockets.

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

Related

State v. Quarles
Court of Appeals of Arizona, 2024
State v. Young
Court of Appeals of Arizona, 2024
Jardines v. Hon. ryan-touhill/state
Court of Appeals of Arizona, 2021
State v. Waits
Court of Appeals of Arizona, 2017
State v. McKenzie
Court of Appeals of Arizona, 2016
State v. Isiah Patterson
283 P.3d 1 (Arizona Supreme Court, 2012)
Jones v. Kiger
984 P.2d 1161 (Court of Appeals of Arizona, 1999)
State v. Walden
905 P.2d 974 (Arizona Supreme Court, 1995)
Andrade v. Superior Court
901 P.2d 461 (Court of Appeals of Arizona, 1995)
McLaughlin v. Fahringer
723 P.2d 92 (Arizona Supreme Court, 1986)
State v. Messier
686 P.2d 272 (New Mexico Court of Appeals, 1984)
State v. Williams
639 P.2d 1043 (Court of Appeals of Arizona, 1981)
Rolph v. City Court of City of Mesa
618 P.2d 1081 (Arizona Supreme Court, 1980)
State v. Hadd
619 P.2d 1047 (Court of Appeals of Arizona, 1980)
State v. Archer
603 P.2d 918 (Court of Appeals of Arizona, 1979)
State v. Reinhold
597 P.2d 532 (Arizona Supreme Court, 1979)
State v. Killian
577 P.2d 259 (Court of Appeals of Arizona, 1978)
State v. Smith
561 P.2d 739 (Arizona Supreme Court, 1977)
State v. Scott
555 P.2d 1117 (Arizona Supreme Court, 1976)
State v. Moreno
547 P.2d 30 (Court of Appeals of Arizona, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
528 P.2d 625, 111 Ariz. 281, 1974 Ariz. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riggins-ariz-1974.