State v. Robinson

392 S.W.3d 545, 2013 WL 856020, 2013 Mo. App. LEXIS 297
CourtMissouri Court of Appeals
DecidedMarch 8, 2013
DocketNo. SD 31780
StatusPublished
Cited by5 cases

This text of 392 S.W.3d 545 (State v. Robinson) 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. Robinson, 392 S.W.3d 545, 2013 WL 856020, 2013 Mo. App. LEXIS 297 (Mo. Ct. App. 2013).

Opinion

WILLIAM W. FRANCIS, JR., J.

A jury convicted Maurice J. Robinson (“Robinson”) of first-degree robbery (Count III), in violation of section 569.020; armed criminal action (Count IV), in violation of section 571.015; and first-degree burglary (Count V), in violation of section 569.1601. Robinson was sentenced to concurrent thirty-year sentences for Counts III and IV, and a twenty-year sentence for Count V — to run consecutive with Counts III and IV. This appeal followed. We affirm the trial court’s judgment.

Factual and Procedural History

Robinson does not challenge the sufficiency of the evidence to support his convictions. Accordingly, we set forth only those facts necessary to address Robinson’s points. In doing so, we view the evidence in the light most favorable to the jury’s verdict. See State v. Newberry, 157 S.W.3d 387, 390 (Mo.App. S.D.2005).

In December 2008, Robinson had been working four to six months as a confidential informant for the city of Sikeston. Robinson contacted Bobby Sullivan (“Detective Sullivan”), a detective with the Sikeston Department of Public Safety, and tipped him off that Dewayne Andrews (“Dewayne”)2 was allegedly getting a shipment of cocaine either late Saturday night or early Sunday morning, December 7, 2008. At that time, Dewayne was staying at the home of Laronza Washington (“Washington”), located at 504 Lanning in Sikeston (sometimes referred to as “the residence” or “Washington residence”). Detective Sullivan told Robinson that he could not act immediately on the information and that it would be the first of the week. However, Detective Sullivan told Robinson to “keep an eye on it[,]” and once Robinson “heard they were in town” to page Sullivan.

On December 6, 2008, Robinson was riding around in his car drinking with his good friends Fabayan Larry (“Larry”), Julius Hudson (“Hudson”), and Jerimiha Watson (“Watson”).3 They started talking [549]*549about buying some cocaine and Robinson wanted Larry to see if Dewayne had any. Robinson dropped Larry off at the corner and Larry walked to the front door of the Washington residence and asked for drugs. Dewayne answered the door and Brandon Hamilton (“Hamilton”) told Larry they did not have any drugs “at the time.” Larry told the group he was told there were no drugs, and Robinson stated that “he [knew] something [was] there.” The group then made plans to rob Dewayne at the Washington residence, changed into black clothes, and got two guns. Robinson then drove to Walmart and bought four orange ski masks and gloves in the sporting goods department.

At trial, Billy Landers, the sporting goods clerk at Walmart, testified Robinson bought “[s]ome masks and two pairs of gloves.” Larry Strobel (“Strobel”), a Wal-mart customer, testified that Robinson caught his attention in the sporting goods section because he purchased “four masks and gloves.” Strobel stated that a comment was made by one of his friends that it “looked kind of suspicious,” and Robinson overheard the comment and responded. As they were walking out of the store, Robinson threatened to shoot them and told them that they “better have [their] 30/30 ready or whatever.”

After leaving Walmart, the group parked behind an abandoned house, approximately fifty yards away from the Washington residence. Robinson devised the robbery plan and, wearing orange ski masks, Larry and Watson went to the front door of the Washington home with the two guns, while Robinson and Hudson were let in the back door. Once inside the house, Larry and Watson woke up Dewayne.4

Dewayne was made to go into the kitchen and lie on the kitchen floor by individuals wearing orange masks and holding guns. He was told by one in the group to empty his pockets, and was struck in the face with a pistol. The group took “$1,200 and an ounce of cocaine” from him. Once the drugs were secured, the group left the house. Linnie was also assaulted during the robbery.5

Robinson was charged, as a prior offender, with the class A felony of first-degree murder (Count I), pursuant to section 565.020, for knowingly causing the death of Linnie by striking him on the head with a pistol and stomping on his head; the unclassified felony of armed criminal action (Count II), pursuant to section 571.015; the class A felony of first-degree robbery (Count III), pursuant to section 569.020, for forcibly stealing money and drugs from Dewayne and Linnie; the unclassified felony of armed criminal action (Count IV), pursuant to section 571.015; and the class B felony of first-degree burglary (Count V), pursuant to section 569.160, for knowingly entering the home at 504 Lanning for the purpose of committing robbery.

Robinson was tried by a jury in Mississippi County on November 14, 2011. At trial, Dewayne testified he recognized Robinson as one of the robbers by his voice. The following colloquy took place:

[550]*550[State:] What were they saying when they were talking?
[Dewayne:] Like give me that shit. Give me that shit, Nigger. Empty out your pockets. I knew when I heard that voice I knew who it was.
[State]: WTio was it?
[Dewayne:] [Robinson].
[State:] And how did you know his voice?
[Dewayne:] He got that raspy voice. He got that raspy voice.
[State:] And what do you remember him saying to you?
[Dewayne:] “Give me that shit. Empty your pockets.”
[State:] Your Honor, I would ask [Robinson] if he could repeat that statement for the ladies and gentlemen of the jury please, “Give me that shit. Empty your pockets.”
[Defense Counsel:] I will object to that, Your Honor. I want it noted for the record that we object to that.

The trial court then took a recess and heard argument from both attorneys outside of the jury’s presence. The trial court overruled defense counsel’s objection and required Robinson to read the following phrase in front of the jury for voice identification purposes: “Where that shit at? Empty your pockets, Nigger.” After making the statement, Dewayne identified Robinson as the voice he heard on the night of the robbery. Dewayne testified that he recognized Robinson’s voice because he had an accent — “southern kind of accent[.]” Dewayne testified no one else said anything to him.

Detective John Blakely, Jr. (“Detective Blakely”), with the Sikeston Department of Public Safety, testified at trial because he was the detective on duty when the call came in regarding the subject burglary and assault. His trial testimony took up 104 transcript pages. Over the course of his testimony, Detective Blakely testified, without objection, to various statements made by co-defendants Larry and Hudson to him during the course of his investigation.

At trial, the State elicited evidence from numerous witnesses, without objection, that Robinson purchased orange ski masks and gloves at Walmart prior to the robbery. Detective Blakely was one of the multiple witnesses that testified, without objection, that Robinson had been at Wal-mart buying ski masks prior to the robbery.

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Cite This Page — Counsel Stack

Bluebook (online)
392 S.W.3d 545, 2013 WL 856020, 2013 Mo. App. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-moctapp-2013.