Glover v. State
| Decision Date | 18 September 1992 |
| Docket Number | CR-91-1098 |
| Citation | 610 So.2d 1253 |
| Parties | Jimmy GLOVER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Joseph Powers, Mobile, for appellant.
James H. Evans, Atty. Gen., and Jean Brown, Asst. Atty. Gen., for appellee.
The appellant, Jimmy Glover, was convicted of robbery in the third degree, a violation of 13A-8-43, Code of Alabama 1975. He was sentenced to 10 years in prison, to serve 2 years' imprisonment; and the remainder of the sentence was suspended and he was placed on probation for 5 years.
The sole issue presented on appeal is whether sufficient evidence was presented by the state to sustain a conviction of robbery in the third degree. Section 13A-8-43 states, in pertinent part:
The state's evidence tended to show that in the early morning hours of August 10, 1991, the appellant entered a Circle K convenience store in Mobile, where he picked up two 12-packs of beer. J.M. Wiley was working in the store at the time. When he saw the appellant with the beer, Wiley, who knew the appellant, told him that he could not purchase beer from that store during his shift and that he had to leave the store. The appellant then placed the beer on the counter and Wiley escorted him to the door of the building. As Wiley was returning to the counter he heard what sounded like the cocking of a gun. Wiley looked back at the appellant and saw an automatic pistol in his hand. Wiley quickly moved behind a drink machine, fearing that the appellant would shoot. As he moved behind the machine, he saw the appellant leaving the store with one of the 12-packs of beer. Wiley then turned on the alarm system.
The police responded to the "hold-up" alarm. Wiley gave the police a description of the appellant, which was broadcast over the police radio. Less than 30 minutes later, an officer apprehended the appellant approximately 5 blocks away from the store. The appellant was brought back to the store, where Wiley identified him.
The appellant admitted stealing the beer, but he claimed that he did not use a gun.
When deciding an issue of sufficiency of the evidence, this court must view the evidence in a light most favorable to the state. Barnes v. State, 565 So.2d 1274 (Ala.Cr.App.1990). Here, the store employee and a customer, who was inside the store at the time of the robbery, testified that the appellant pulled a gun out, grabbed the beer, and then fled. While their...
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Dick v. State
...gun at her and instructed her to hang up the telephone and told her that this was a robbery. As this court stated in Glover v. State, 610 So.2d 1253, 1254 (Ala.Cr.App.1992): "The appellant also argues that he lacked the intent required by the statute because, he argues, there was no forcibl......
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Cornelius Newman v. State (In re Newman.)
...use of force. “Wielding a gun ... constitutes both the use of force and the threat of force as a matter of law.” Glover v. State, 610 So.2d 1253, 1254 (Ala.Crim.App.1992). Thus, my analysis turns on whether Newman's actions constituted “theft” within the meaning of § 13A–8–43. Section 13A–8......
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C.E.B. v. State
...were possible accomplices presents an issue of weight and credibility of the evidence that is not reviewable on appeal. Glover v. State, 610 So.2d 1253 (Ala.Cr.App.1992). In addition, the hearsay portions of Investigator Parker's testimony were elicited by the appellant during cross-examina......
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Gwin v. State, CR-94-0877
...is established, evidentiary issues concerning the weight and credibility of the evidence are not reviewable on appeal. Glover v. State, 610 So.2d 1253 (Ala.Cr.App.1992). II The appellant next contends that he was convicted twice for the same offense in violation of his right against double ......