Belle v. State, F--73--234

• Decision Date: 07 November 1973
• Docket Number: No. F--73--234,F--73--234
• Citation: 516 P.2d 551
• Parties: Roy Lee BELLE, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 551

516 P.2d 551

Roy Lee BELLE, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--73--234.

Court of Criminal Appeals of Oklahoma.

Nov. 7, 1973.

Don Anderson, Public Defender, Oklahoma County, for appellant.

Larry Derryberry, Atty. Gen., for appellee.

OPINION

BUSSEY, Judge:

Appellant, Roy Lee Belle, hereafter referred to as defendant, was charged, tried, and convicted in the District Court Oklahoma County, Case No. CRF--72--2997, for the offense of Robbery With Firearms, his punishment was fixed at twenty (20) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Peggy Hubbard testified that on December 18, 1972, she was employed at a convenience food store at 57th and N. Western in Oklahoma City. At approximately 8:20 p.m. a man, whom she identified in court as defendant, came in, bought cigarettes and left. The defendant returned about 20 minutes later and asked to exchange these cigaretts for another kind. As she turned to exchange these cigaretts defendant pointed at her and demanded the money. Defendant told her not to sound any alarms and to hurry or he would kill her. She placed the money in a grocery sack and handed it to the defendant. The defendant left the store and she called police. She identified State's Exhibit No. 1 as the coat worn by the defendant.

Officer Bell, testified that he answered a call to the store, arriving at approximately 8:50 p.m. He obtained a description from Miss Hubbard and broadcasted it on his police radio.

Officer Taylor, of the Oklahoma City Police Department, testified that about 2:00 a.m. on December 19, he arrested defendant in an apartment complex at 38th and North Adair in Oklahoma City. Defendant was riding in an automobile driven by one Henderson. Defendant was wearing a dark jacket, State's Exhibit No. 1.

Officer Acox, testified that he conducted a police lineup where Miss Hubbard identified defendant as the robber.

For the defendant, Vanessa Debose testified that she lived with her parents east of Spencer and had known defendant about two (2) years. Defendant came to her house about 9:00 p.m., on December 18th, and stayed until 30 minutes after the TV went off the air. Defendant left with Claude Ramsey and Henderson.

Francis Brazille, Vanessa's mother, testified that she came home about 9:30 p.m. on the evening in question and observed defendant and Ramsey visiting with her daughter. Henderson came in later and the three men left after the TV went off.

Kermit Brazille's (Vanessa's father) testimony did not differ substantially from the testimony of Francis Brazille.

Defendant testified that he and Ramsey went to Vanessa Debose's house at about nine o'clock p.m. and later left with Ramsey and Henderson. They shot pool...