Williams v. State

462 So. 2d 944, 1983 Ala. Crim. App. LEXIS 4579
Procedural entryThis page is a short order in Williams v. State. Read the opinion of the Court — 1981 Ala. Crim. App. LEXIS 2122
Court of Criminal Appeals of Alabama·Decided July 5, 1983·No. 1 Div. 494·Published

Opinions

HARRIS, Judge.

Appellant was indicted by the Mobile County Grand Jury for the offense of robbery in the first degree. The jury returned a verdict of guilty as charged, and the trial court sentenced appellant to fifteen years’ imprisonment. Because the sufficiency of the state’s evidence to sustain the conviction is raised as an issue on appeal, we detail those facts which are sufficient to sustain the jury’s verdict below.

The victim of the robbery, Charles Michael Boatwright, testified he owned and operated a flea market on Dauphin Island Parkway called “The Shop and Swap” on January 21, 1981. Shortly before closing time that day, two young black males entered the store and asked to see a television. Around 4:45 p.m., as Mr. Boat-wright was occupied plugging in the set, a gun was placed against his side by appellant. He was told he was being held up and that he was not to move or get excited. The other assailant, who was unarmed, was instructed by appellant to empty the cash register while appellant went through Mr. Boatwright’s pockets.

Appellant’s accomplice was unable to open the cash register, so Mr. Boatwright was forced to open the drawer. After the money was taken from the register, Mr. Boatwright was instructed to walk toward the rear of the store. The two men fled the store as he began to walk. Out of the corner of his eye, Mr. Boatwright saw a part-time employee, Larry Garrett, drive up and he turned and yelled for him to stop [945]*945the two men. Before Mr. Garrett could react, the two men fled the scene in an automobile.

Mr. Boatwright talked by telephone with the police. They dispatched officers to his business, and the officers took the robbery report. Approximately fifteen to thirty minutes later, the police returned with two suspects. Mr, Boatwright was able to positively identify one of the suspects as the robber who had carried the gun. He did not recognize the other suspect. Boat-wright then identified appellant in court as being the same man he had identified that day to the police.

Larry Garrett, a former employee of Mr. Boatwright, testified that when he arrived at “The Shop and Swap” on January 21, 1981, he saw two young black males run out the door and get into a large, older model green automobile. Hearing Mr. Boatwright’s calls to stop them, Garrett took down the tag number of their vehicle, which he gave to the police. Subsequently, when the police returned with the suspects, he also was able to identify one of them as one of the men he saw fleeing the store.

Officer Gerard Bolton, Jr. of the Mobile Police Department testified he received a police report of a robbery at Mr. Boat-wright’s store around 5:00 p.m. on January 21, 1981. Included in the report was a tag number, vehicle description, and owner registration and address for the automobile involved in the robbery. Officer Bolton, upon learning the automobile had been located in the vicinity of the owner’s residence, went to its location and then proceeded to the owner’s residence. '

While Officer Bolton was talking with the owner, Zaek Williams, at his residence, Mr. Williams received a telephone call from his son, Eddie Williams, the appellant herein. Officer Bolton then followed Mr. Williams to a nearby location where he arrested the appellant.

Officer Bolton then took appellant and Mr. Williams to the robbery scene. He arrived at the store with the two men approximately twenty minutes after the robbery occurred. After viewing the two men, both Mr. Boatwright and Mr. Garrett identified one of the men as having been involved in the robbery. At that point, Officer Bolton placed appellant under arrest and gave him his Miranda warnings. He was taken to the Criminal Investigation Division of the police department, where he was again advised of his Miranda rights. After signing a waiver form, appellant gave a statement to police in which he admitted driving the automobile to the store for an acquaintance. However, he denied any participation in the robbery, stating that he remained in the automobile, and that he was not aware of his friend’s intention to rob the store. When his friend exited the store, he drove him away. After parking the vehicle, both men ran off in different directions. Appellant then called his father from a friend’s house and told him the car had been stolen. Shortly thereafter, his father arrived with a detective and he was taken to the robbery scene for identification.

The state rested at the close of Officer Bolton’s testimony. Appellant’s motion to exclude the state’s evidence was denied.

Appellant testified on his own behalf and substantiated his earlier statement to police. However, at trial he testified that there had been three people, rather than two, involved in the robbery. He stated he had remained in the vehicle, while his friend and an unknown cousin of his friend robbed the store. He again denied any knowledge of their intention to rob the store.

On rebuttal for the state, Larry Garrett testified he observed only two men running to the vehicle at the time of the robbery. They both entered the front seat, one on the passenger side and one on the driver’s side. He saw no one in the rear seat of the automobile.

Appellant argues that the state’s proof failed to establish that the appellant or his accomplice actually took or attempted to take any property from Mr. Boatwright during the encounter at Mr. Boatwright’s business. Appellant states in brief that the record reflects that “... at no time did the State prove that Edward Williams or any[946]*946one acting within concert with him [took] any property from anyone and therefore [he] cannot be guilty of robbery.” We find appellant’s argument to be both factually and legally without merit.

During direct examination by the state, Mr. Boatwright testified as follows:

“Q All right. Did you go up and open the cash register?
“A Yes, I did.
“Q And was there any money in the cash register?
“A Yes, there was.
“Q Do you know how much money? “A I’d say somewhere around forty-five dollars — that I was really sure of.
“Q Okay. What happened after they got all this money out of the cash register?
“A They told me to walk — ”

On cross-examination by appellant’s counsel, Mr. Boatwright testified further as follows:

“Q Okay. And they took some money out of the cash register, you say?
“A Right.
“Q Which one took the money out of the cash register?
“A Let me see, at that time they were both there, so, I think it was the one closest to me with the gun reached in there got the drawer — slipped the thing out and then just poured it into a bag or something. I don’t remember what it was poured into. But I remember some of the change went over the floor.
“Q You don’t remember which one took the money out of the cash register?
“A I believe it was the one with the gun.
“Q If you don’t recall, say you don’t recall. If you recall, say which one he was.
“A I’ll have to say I’m not really sure then.
“Q Okay. That’s all.

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Williams v. State, 462 So. 2d 944, 1983 Ala. Crim. App. LEXIS 4579 (Ala. Ct. App. 1983).

462 So. 2d 944 (Williams v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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