People v. Grubbs

• Decision Date: 23 June 1977
• Docket Number: No. 75-737,75-737
• Citation: 39 Colo.App. 436,570 P.2d 1299
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Cullen GRUBBS, Defendant-Appellant. . I
• Court: Colorado Court of Appeals

Page 1299

570 P.2d 1299

39 Colo.App. 436

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Cullen GRUBBS, Defendant-Appellant.

No. 75-737.

Colorado Court of Appeals, Div. I.

June 23, 1977.

Rehearing Denied Aug. 25, 1977.

Certiorari Denied Nov. 15, 1977.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

COYTE, Judge.

The defendant, William Cullen Grubbs, appeals the judgment of conviction on charges of aggravated robbery and conspiracy to commit aggravated robbery. We affirm the judgment.

On January 27, 1975, the defendant was removed from the State of Wyoming pursuant to the Agreement on Detainers, § 24-60-501, C.R.S.1973, to stand trial in Colorado for crimes charged by information. Following various delays, trial commenced on August 18, 1975.

At trial, the People presented testimony to establish the following sequence of events. In August 1974, two armed men entered the offices of the Fort Collins Holiday Inn, forced the night auditor to surrender approximately $1,500 in currency and certain blank traveler's checks, and fled from the premises. The auditor described the clothing worn by his assailants and testified that he was bound with adhesive tape, ordered to lie on the floor, and warned not to move for at least five minutes following the departure of the men.

Over defendant's objection, the People produced other witnesses who testified concerning robberies at the Rawlins, Wyoming Holiday Inn in November 1974 and at the Fort Collins University Motor Inn in October 1974. Wyoming police officers also testified with respect to items discovered in a search of defendant's automobile and reiterated the substance of statements made to them by defendant.

I

Defendant first contends that, inasmuch as his trial did not commence within the 120 day period prescribed by § 24-60-501(IV)(c), C.R.S.1973, the trial court erred in failing to dismiss the information. We disagree.

The trial court made extensive findings of fact relative to the motion to dismiss. Construing the purpose of the limitation period in the Agreement on Detainers to be that of assuring the defendant of a speedy disposition of the charges against him and the enhancement of his opportunity for rehabilitation, the court ruled that the statutory term could nevertheless be tolled by acts of defendant and his counsel. And, after a detailed review of the proceedings in the case, the trial court found that delays attributable to defendant, or delays for good cause acquiesced in by him should be excluded from computation of the limitation period. We perceive no error in the court's analysis.

By its terms, the Agreement contemplates exceptions to its period of limitation for necessary or reasonable continuances. Section 24-60-501(IV)(c), C.R.S.1973. A further mandatory tolling occurs when a prisoner is unable to stand trial. Section 24-60-501(VI)(a), C.R.S.1973. However, we do not interpret this letter exception to mean, as defendant argues, that only a prisoner's actual inability to stand trial can toll the statute. Defendant's authority in support of this proposition, see State v. Mason, 90 N.J.Super. 464, 218 A.2d 158 (1966), is not factually analogous, and we decline to follow the dicta in that case. Such a construction of the statute would be inconsistent with the clear language of its respective provisions.

Nor do we deem the rehabilitative purposes sought to be implemented by the Agreement, see § 24-60-501(I), C.R.S.1973, as sufficient to distinguish the rationale of the Act from the rationale underlying the speedy trial requirements contained in Crim.P. 48(b) and § 18-1-405(1), C.R.S.1973. To the contrary, we regard the judicial precedent construing those provisions as controlling. Therefore, we conclude that delays incurred with defendant's acquiescence or as an accommodation to him are not to be included as a factor in calculating the period of limitation under § 24-60-501, C.R.S.1973. See People v. Steele, Colo., 563 P.2d 6 (Announced April 18, 1977); People v. Flowers, Colo., 548 P.2d 918 (1976); Chambers v. District Court, 180 Colo. 241, 504 P.2d 340 (1972); and see generally ABA, Standards Relating to Speedy Trial § 2.3 (1968).

The record supports the findings of the trial court that various delays were consented to or requested by defendant, and that no delays were attributable solely to the prosecution. See Jaramillo v. District Court, 174 Colo. 561, 484 P.2d 1219 (1971). Accordingly, the trial court did not err in denying the motion to dismiss.

II

Defendant next asserts that the trial court erred in instructing the jury that the exclusive, unexplained possession of recently stolen property serves to create an inference that defendant stole such property and that such evidence is sufficient to justify a guilty verdict to a robbery charge. Defendant concedes that materially identical instructions have been approved for use in cases involving theft and burglary, see, e. g., People v. McLendon, 188 Colo. 140, 533 P.2d 923 (1975), but maintains that the instruction did not adequately state the law in this case. The contention is without merit.

An instruction which permits the jury to draw inferences from the unexplained possession of recently stolen property is proper in cases where robbery is charged, and the distinction attempted by defendant has specifically been rejected in this case. Cruz v. People, 147 Colo. 528, 364 P.2d 561 (1961).

We are not now reviewing the sufficiency of the evidence supporting the conviction and therefore do not regard Martinez v. People, 156 Colo. 380, 399 P.2d 415 (1965), as authority for defendant's argument that the instruction should have included a reference to "other evidence in the case," in the absence of which defendant could not be convicted. Defendant's proposed modification mis-states the applicable law. Cruz v. People, supra.

III

Conceding that proof of similar criminal transactions is admissible into evidence for the limited purpose of showing an accused's scheme, plan, intent or design, see People v. Ihme, 187 Colo. 48, 528 P.2d 380 (1974), defendant maintains that the trial court nevertheless erred in permitting testimony in this case concerning other robberies, even though the procedural safeguards of Stull v. People, 140 Colo. 278, 344 P.2d 455 (1959) were observed. The ground of defendant's assigned error is that the other transactions were too dissimilar and too remote in time to be utilized even for a limited purpose. Again, we disagree.

All three robberies were perpetrated by a black man or men who were masked and armed with pistols, and each robbery occurred at a motel. In each instance, the motel employees were forced to lie on the floor during the course of the robbery and on two occasions, the employees were bound with adhesive tape. Items discovered in the search of defendant's automobile which were introduced into evidence tended to establish a relationship between defendant and the several crimes. Thus, we conclude that the transactions were sufficiently similar and interrelated to allow the admission of evidence of them on a limited basis and that the trial court did not abuse its discretion in so ruling. See People v. Ihme, supra.

IV

Defendant next contends that the trial court erred in denying his motion to suppress certain...