Cooper v. State, F--76--711

• Decision Date: 24 February 1977
• Docket Number: No. F--76--711,F--76--711
• Citation: 560 P.2d 1018
• Parties: James L. COOPER, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1018

560 P.2d 1018

James L. COOPER, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--76--711.

Court of Criminal Appeals of Oklahoma.

Feb. 24, 1977.

Appeal from the District Court, Tulsa County; B. R. Beasley, Judge.

James L. Cooper, appellant, was convicted for the offense of Robbery By Force, After Former Conviction of a Felony; was sentenced to twenty (20) years' imprisonment, and appeals. Judgment and sentence AFFIRMED.

Thomas W. Burns, Tulsa, for appellant.

Larry Derryberry, Atty. Gen., Robert L. McDonald, Asst. Atty. Gen., Alan Foster, Legal Intern, for appellee.

OPINION

BUSSEY, Presiding Judge:

Appellant, James L. Cooper, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF--76--2872, for the offense of Robbery By Force, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 791. 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 non-jury trial, the parties stipulated that if Bess Young were to testify, she would testify that on January 20, 1975, she lived at 1341 East 38th Place, Apartment D, Tulsa County, Oklahoma; and that some time after 9:00 p.m. she was awakened by a black male wearing a ski mask. He took her into the living room and commenced beating her. He demanded money and tied her into a chair. He removed the rings from her finger and ransacked the house looking for money.

The parties next stipulated that if Larry Johnson was called as a witness, he would testify that he was a senior investigator for the Tulsa Police Department. On February 1, 1975, he took a statement from the defendant. Prior to taking the statement, he advised defendant of his Constitutional rights. Defendant affirmatively acknowledged that he understood his rights and gave a written statement, State's Exhibit No. 1, to Investigator Johnson.

The parties further stipulated that if defendant were to testify, he would testify that the statement was given only after Investigator Johnson told him that if he did not confess to the robbery that additional charges would be filed against him.

The parties finally stipulated that Officer Johnson would deny that he threatened defendant with additional charges prior to taking the statement.

Defendant asserts in the first assignment of error that the trial court erred in overruling the defense motion to suppress the statement given to Investigator Johnson. Defendant argues that the State failed to introduce sufficient evidence upon which the trial court could have based a finding that the statement was voluntary. We disagree. Investigator Johnson testified that the defendant was advised of his Constitutional rights prior to making the statement and that he affirmatively waived the same. The written statement which was introduced into evidence further reflects that defendant was properly informed of his Miranda rights. Defendant testified that he was coerced into making the statement by threats of Investigator Johnson to file additional charges against him. Investigator Johnson...