Carter v. State, F-85-353
| Decision Date | 22 June 1987 |
| Docket Number | No. F-85-353,F-85-353 |
| Parties | Christopher CARTER, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant, Christopher Carter, was tried by jury in Comanche County District Court, Case No. CRF-84-428, and convicted of Robbery With Firearms, After Former Conviction of Two Felonies, in violation of 21 O.S.Supp.1982 § 801, before the Honorable Kenneth L. Youngblood, District Judge. The jury returned a verdict of guilty and set punishment at twenty (20) years imprisonment. Judgment and sentence was imposed in accordance with the jury's verdict. We affirm.
On September 4, 1984, a man later identified as appellant entered the A & A Food Store in Lawton, threatened two store employees with a gun and fled with money he obtained from a cash register. Based on a description of the suspect's appearance and mannerisms, Lawton Police Detective Richard Goss suspected that appellant committed the crime. A photographic lineup was prepared, and appellant was tentatively identified by both eyewitnesses. Based on the description and the tentative identification, appellant was arrested.
Appellant claims as his first assignment of error that his Fourth Amendment rights were violated when he was arrested and detained without probable cause. We disagree.
Appellant, represented by counsel, pled not guilty at trial court arraignment without contesting the legality of the arrest. Failure to object in a timely fashion to the legality of an arrest prior to entering a plea to the charge waives the issue for appellate review. Rushing v. State, 676 P.2d 842, 849 (Okl.Cr.1984); Raymer v. City of Tulsa, 595 P.2d 810, 812 (Okl.Cr.1979). We believe that the arrest was valid in any event. The test for probable cause on a warrantless arrest is whether, when the arrest was made, the facts and circumstances within the officer's knowledge and of which he had reasonably trustworthy information would be sufficient to warrant a prudent man in believing that the person arrested had committed or was committing an offense. Smith v. State, 698 P.2d 482, 484 (Okl.Cr.1985); Booker v. State, 644 P.2d 1075, 1076 (Okl.Cr.1982). Here, the police had a description of the suspect, a tentative photographic identification, and past dealings with the suspect to the point where they recognized that appellant possessed certain mannerisms consistent with those displayed by the robber. Such grounds may not be absolute or irrefutable, but there is no such requirement. Lee v. State, 637 P.2d 879, 882-883. (Okl.Cr.1981). We believe that reasonable grounds existed for the arrest under these circumstances.
Appellant next claims that evidence obtained as a result of the arrest should be excluded as fruit of the poisonous tree. Specifically, he maintains that evidence concerning a pretrial line-up identification was invalid, and that the victims' identification of appellant...
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