State v. Taylor

427 N.W.2d 1, 1988 Minn. App. LEXIS 655, 1988 WL 75399
CourtCourt of Appeals of Minnesota
DecidedJuly 26, 1988
DocketC5-87-1894
StatusPublished
Cited by7 cases

This text of 427 N.W.2d 1 (State v. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taylor, 427 N.W.2d 1, 1988 Minn. App. LEXIS 655, 1988 WL 75399 (Mich. Ct. App. 1988).

Opinion

OPINION

RANDALL, Judge.

Appellant Ralph Henry Taylor was convicted, after a court trial, of two counts simple robbery, Minn.Stat. § 609.24, and sentenced to 54 months incarceration concurrent for each count (appellant received appropriate jail time credit against the 54 months). The two counts relate to two different victims, Clemons and Pedraza. Count three of the complaint was dismissed at the close of the state’s case. Taylor appeals the conviction of both counts. We affirm in part and remand for findings required by Minn.R.Crim.P. 26.01, subd. 2.

FACTS

Shortly after midnight on the morning of February 10, 1987, a black male entered the 7-eleven at 1600 Chicago Avenue in Minneapolis. When he entered the store, the cashier, Alisa Clemons, was conversing with Jose Pedraza, a customer. Marilyn McCray, another employee, was in the *2 stock room. There were about five or six other customers in the store.

The man demanded money of Clemons, and ordered all other people in the store to get down on the floor. He had one hand under his shirt, as if to hold a weapon. Clemons put two five dollar bills and some coins into a bag, and gave them to the man. As the man was going out the door, Pedra-za grabbed at his legs. Clemons heard the man drop what turned out to be a key ring, and saw a bottle fall out from underneath his shirt.

At trial, Clemons described the man as 5'6", about 165 pounds, dark complected and with a faint mustache. She testified that he was wearing a long-sleeved brown-striped shirt with a blue inner color, dark jeans, a T-shirt under his shirt, and no jacket or head covering. Clemons testified that she had seen the man in the store on previous occasions, less than a year prior to the robbery.

Marilyn McCray heard and saw a portion of the robbery from the store room. She described the robber as skinny, nervous and frail, wearing a brown-striped shirt with long sleeves, and having “nappy” hair. After Clemons had given the robber the money, McCray heard Jose Pedraza say “He don’t have a gun.” McCray then came out of the storeroom, ran outside, and saw the man getting into a brown car. She saw him place a baby bottle on the car seat. While the man was fumbling with his keys, she beat on the window and bent the antenna.

After she completed a 911 telephone call, Clemons went outside. She also saw the man sitting inside the car, fumbling with keys. She kicked against the glass, while McCray was bending the antenna, and Pe-draza was letting the air out of a tire. When Clemons and McCray went back to the store for something hard to use to try to break the windows of the car, the man jumped out of the car and ran off.

Shortly after the robber fled, the police responded to Clemons’ 911 call. Clemons testified that when the police arrived at the 7-eleven, the description of the suspect had to be corrected. Later, the police returned with appellant in the back seat of the squad car. The arresting officer, Officer Drew, testified he monitored the report of the robbery at about 12:39 a.m. on the morning of February 10, 1987. He recalled that the description of the suspect was a black male, about 5'9" and 145 pounds, wearing a gray striped shirt, dark pants, and white tennis shoes. After Drew refreshed his memory with a copy of his report, he testified the description was of a 25-year old black male, wearing blue checkered shirt and brown coat. Clemons testified this description was corrected before the police arrested appellant.

At trial, Clemons testified that she identified appellant as the man who robbed her. McCray testified that of four people the police brought to the store, she recognized appellant as the robber, and identified him to the police. Appellant was arrested at about 2:30 a.m. approximately five blocks from the 7-eleven. At the arrest, he was wearing a gray striped shirt, faded jeans, and white tennis shoes. He was arrested because he was the suspect in another robbery Drew was investigating. Drew testified he and his partner saw Taylor standing in the shadows, and when they illuminated him with a spotlight, he “came running out in the street with his hands in the air.” The police found only three one-dollar bills on Taylor’s person, but no five’s. They found a brown coat, but no money, in Taylor’s room. Drew thought Taylor resembled the description of the robber, and took him to the 7-eleven, where first Clemons and then McCray identified him.

Appellant’s version of the facts is as follows. Appellant testified that he spent the evening of February 9 with a friend, drinking, smoking and talking as they sat in the parking lot of his friend’s apartment. He testified that as he left his friend’s place, a police car almost hit him when he crossed a street. Appellant testified a police officer got out of the car, pulled a gun out, and that when appellant raised his hands, he got punched in the stomach and knocked to the ground.

Appellant testified that he was placed in the police car and taken to the 7-eleven, *3 where other squad cars with black males were pulling out of the parking lot. Appellant testified that before leaving the squad car, Drew, stated “I hope this dumb bitch can make up her mind.” He testified that Clemons came out of the store and told Drew appellant did not look like the robber because he had a brown jacket on. He testified that Drew and Clemons went into the store, and then Clemons came out with McCray, and both stated they knew appellant.

Appellant denied ever having been at the 7-eleven before. He was in Stillwater prison for the three years and seven months preceding his release on February 2, 1987, with only a short period of release in 1986. February 2,1987, appellant was released to Reentry West, a convict’s halfway house, where he stayed until February 10, 1987, the date of the crime and his arrest.

Appellant was charged with three counts of simple robbery: i.e., taking property from or in the presence of Clemons (count 1), Pedraza (count 2) and a third individual (count 3). After a trial without a jury, appellant was convicted of counts one and two. Taylor appeals the convictions, alleging various errors.

ISSUES

1. Was the evidence sufficient to support appellant’s conviction for the two counts of simple robbery?

2. Did the trial court err by failing to make written findings in accordance with Minn.R.Crim.P. 26.01, subd. 2?

ANALYSIS

I

A. Sufficiency of evidence — Clemons

Appellant contends the evidence was insufficient to support the convictions of simple robbery. Appellant contends Clemons’ and McCray’s identifications were not reliable because their descriptions of the robber did not coincide with appellant’s appearance; because neither McCray nor Clemons could recall when or how often they had previously seen appellant in the store; and because neither McCray nor Clemons had adequate opportunity to see the robber.

We start with the general premise that eye witness testimony, even though it needs scrutiny on review, can, standing alone, support a guilty verdict. State v. Gluff, 285 Minn. 148, 150-61, 172 N.W.2d 63, 64 (1969).

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Cite This Page — Counsel Stack

Bluebook (online)
427 N.W.2d 1, 1988 Minn. App. LEXIS 655, 1988 WL 75399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-minnctapp-1988.