Parks v. State, F--74--516
| Decision Date | 26 November 1974 |
| Docket Number | No. F--74--516,F--74--516 |
| Citation | 529 P.2d 513 |
| Parties | Robyn Leroy PARKS, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
In the District Court, Oklahoma County, Case No. CRF--73--3099, appellant Robyn Leroy Parks, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Attempted Burglary in the Second Degree, After Former Conviction of a Felony. His punishment was fixed at three (3) years and seven (7) months' imprisonment; and from said judgment and sentence he has perfected a timely appeal to this Court.
The evidence adduced at trial from the testimony of Mrs. Murray Emerson Jones revealed that on October 23, 1973, she was employed at the fine jewelry department of the John A. Brown Company located at 208 West Park Avenue, downtown Oklahoma City. At approximately 5:30 p.m. Mrs. Jones, upon her departure from the store, locked the doors and activated the silent alarm system. At approximately 12:25 a.m. the following morning she was called to the store by a policeman. Upon her arrival she observed a glass panel, dimensions of approximately 60 28 , leaning against a wall. She further observed the molding had been pried loose and removed from the door and that inside the door she observed a pen knife and screwdriver laying on the floor. Finally, she added that during the early morning hours of each Monday the doors and windows of this department were cleaned by the store maintenance people. She positively stated that on October 23, 1973, the door glass which she observed had been removed had been cleaned earlier that date.
Wesley F. Dawson of the Oklahoma City Police Department testified that on October 24, 1973, at approximately 12:25 a.m. he was dispatched to the above location for the reason a silent alarm had souned. Officer Dawson drove to the intersection of Robinson and Park where he observed defendant standing approximately 20 to 30 feet from the above mentioned door. Upon inquiry defendant stated to the officer that he observed two people jimmying the door with another standing across the street acting as a lookout man. He gave descriptions of those people and finally stated that the reason that he was in the area of the door was that he was just returning from a movie. Further, Officer Dawson testified his investigation of the area revealed another person near the store area whom he identified as a Mr. Fortune. Defendant told Dawson that Fortune was not a member of the trio he previously had identified.
Detective Bill Minor of the Oklahoma City Police Department testified he interviewed defendant shortly after 8:00 a.m. October 26, 1973. During this interview defendant denied knowledge of the burglary and denied participation in the same.
Officer Barber, Identification Officer for the Oklahoma City Police Department, after stipulation by counsel as to his qualifications as an expert witness, testified he lifted two fingerprints from the edges of the...
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Turner v. State
...is sufficient on which a jury may make a finding of guilt. See, Hawkins v. State, Okl.Cr., 510 P.2d 693 (1973), and Parks v. State, Okl.Cr., 529 P.2d 513 (1974). After a careful examination of the record and in consideration of the particular facts of the case herein stated, we are of the o......
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Bowers v. State
...consummation is absolutely necessary as an element of the attempted commission of a crime.' (Emphasis original) Also see, Parks v. State, Okl.Cr., 529 P.2d 513 (1974). Also circumstantial evidence of proof of these elements is sufficient evidence on which a jury may make a finding of guilt ......
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Poteat v. State, F-82-367
...to prove for the crime of attempt was intent, an overt act toward the commission of the crime, and failure of consummation. Parks v. State, 529 P.2d 513 (Okl.Cr.1974). Testimony given by Officer Been that he observed appellant hitting the vending machine with a brace was completely independ......
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Robinson v. State
...he was charged. The fourth assignment of error is that the elements of attempted burglary were not proven as set out in Parks v. State, Okl.Cr., 529 P.2d 513 (1974) and Hawkins v. State, Okl.Cr., 510 P.2d 693 (1973). These assignments of error will be dealt with in the sequence listed excep......