Andrews v. State, 4 Div. 866

Citation406 So.2d 1041
Decision Date04 August 1981
Docket Number4 Div. 866
PartiesLloyd ANDREWS v. STATE.
CourtAlabama Court of Criminal Appeals

S. Fleetwood Carnley, Elba, for appellant.

Charles A. Graddick, Atty. Gen., and Cedric R. Perry, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant (appellant) guilty of robbery in the first degree on a trial under an indictment that charged in pertinent part that he "in the course of committing a theft ... used force against the person of James Griggs, with the intent to overcome his physical resistance or physical power of resistance, while the said Lloyd Andrews was armed with a deadly weapon, a pistol, in violation of 13A-8-41 of the Code of Alabama," which, according to § 13A-8-41(c) is a Class A felony.

After conviction and prior to sentencing, a proceeding under the Habitual Felony Offenders Act (§ 13A-5-9) was instituted, and on the hearing thereof, it was shown that defendant had been convicted and sentenced for nine previously committed felonies. By the Habitual Felony Offenders Act as amended, it is provided:

"In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such conviction has committed another felony he must be punished as follows:

"(3) On conviction of a Class A felony he must be punished by imprisonment for life without parole."

Appellant was sentenced to life imprisonment without parole.

The alleged victim was the operator of the Rivera Motel in Elba. According to his testimony, at approximately 11:50 P. M. on July 28, 1980, he was lying in his bedroom next to the office of the motel and heard a bell that caused him to walk into the office. The witness further testified:

"... And there was a man standing there and I asked him if I could help him and he threw a gun in my face and nodded toward the cash register with his head and also the gun and said, 'Open it up.' And, I did so and at that time the man walked around behind the counter with me and I was taking the money out of the register handing it to him and him still holding the gun on me."

After only a few moments the man left with all the currency in the cash register, which according to Mr. Griggs' calculations consisted of $624, of which there were one one hundred-dollar bill, one fifty-dollar bill and a large number of twenty-dollar bills.

According to the undisputed evidence in the case almost immediately after the robber left the motel, Mr. Griggs reported the robbery to the Elba police, who were at the scene of the robbery within a few moments. Mr. Griggs gave them the description of the robber as a black male, and Mrs. Griggs gave the police a description of the automobile which she saw leave the nearby premises, which description was broadcast by radio at 12:04 A. M., July 29, as an "early model white over red Thunderbird with one black male." At 12:30 the Elba police were notified by radio by Enterprise police that they had a suspect in custody. It was the defendant driving an automobile that matched the description. It had been observed by one of the Enterprise officers just as it arrived at the well known Boll Weevil Monument in Enterprise at 12:09. The patrolman who made the observation turned his automobile around and followed the other automobile under the underpass until it had crossed over a double yellow line and then, as it drove near the City Hall of Enterprise, the officer "pulled the blue lights on" and the pursued vehicle soon stopped. Other officers converged at the place the automobile stopped. The driver was asked for his driver's license, which he presented. During that process, one of the officers focused his flashlight on the inside front of the automobile and at least two officers saw a pistol on the floorboard. The driver was then asked to "exit the vehicle and step to the rear, which he did." One officer "took the pistol in his custody." Another officer asked defendant "if he had a permit for the pistol, which he stated he did not." The defendant was then placed "under arrest for carrying a weapon without a permit."

In checking the defendant for other weapons, the officers noted "a bulge in his right pocket." The bulge was found to consist of a large amount of currency, including one one-hundred-dollar bill, one fifty-dollar bill and a large number of twenty-dollar bills that totaled, not exactly but approximately the amount that Mr. Griggs calculated that the robber had stolen from him.

Soon after defendant was taken into custody at Enterprise, Mr. Griggs was transported by officers to Elba to view the defendant. Mr. Griggs was unable to identify him as the robber. In Mr. Griggs' testimony, he made it clear that defendant did not have on a jacket while in custody like the jacket the robber had on at the time of the robbery. The next morning, while Mr. Griggs and an officer were traveling near New Brockton on the highway between Elba and Enterprise, they found a jacket on the side of the road, which did resemble, according to Mr. Griggs, the jacket that was on the robber at the time of the robbery.

A daughter of Mr. and Mrs. Griggs testified that on the night of the robbery, and only a few minutes before the robbery, she saw an "old model Thunderbird" parked out by the Rivera Motel. She was shown the next morning the vehicle defendant was driving at the time he was arrested in Enterprise. She testified that she was sure that the vehicle shown her was the same vehicle she saw parked near the motel the night before.

Industrious and diligent appointed counsel for appellant, the same appointed counsel that represented him on the trial, has raised every conceivable point, in our opinion, in his dedicated effort to obtain a reversal of the case. In doing so he adopts practically all of the grounds of his motion for a new trial, which was overruled by the trial court.

Nine of the twenty-three grounds of the motion for a new trial...

To continue reading

Request your trial
4 cases
  • Swann v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 20 Abril 1982
    ...pistol, and arrest the appellant for having it in his possession. Code of Alabama, 1975, Sec. 15-5-30 and Sec. 15-5-31; Andrews v. State, Ala.Cr.App., 406 So.2d 1041; Certiorari Denied, Ala. 406 So.2d 1045; Johnson v. State, Ala.Cr.App. 406 So.2d 446; Burch v. State, Ala.Cr.App. 375 So.2d 5......
  • Hayes v. State, 1 Div. 551
    • United States
    • Alabama Court of Criminal Appeals
    • 4 Octubre 1983
    ...accused in the commission of the crime charged, those items are admissible. 22A C.J.S. Criminal Law § 712 (1961). In Andrews v. State, 406 So.2d 1041, 1044 (Ala.Cr.App.1981), this court said: "Another ground of defendant's motion for a new trial was to the effect that the victim did not suf......
  • Ex parte Parker
    • United States
    • Alabama Supreme Court
    • 18 Diciembre 1981
    ... ... Ex parte Frank PARKER ... (Re Frank Parker ... State of Alabama) ... No. 81-29 ... Supreme Court of Alabama ... ...
  • Ex parte Andrews
    • United States
    • Alabama Supreme Court
    • 25 Noviembre 1981
    ...406 So.2d 1045 ... Ex parte Lloyd ANDREWS ... (Re Lloyd Andrews ... State" of Alabama) ... Supreme Court of Alabama ... Nov. 25, 1981 ...     \xC2" ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT