People v. Henderson, No. 84CA0892

Docket NºNo. 84CA0892
Citation729 P.2d 1028
Case DateAugust 28, 1986
CourtCourt of Appeals of Colorado

Page 1028

729 P.2d 1028
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Keith Ondre HENDERSON, Defendant-Appellant.
No. 84CA0892.
Colorado Court of Appeals,
Div. I.
Aug. 28, 1986.
Rehearing Denied Sept. 18, 1986.
Certiorari Granted (Henderson) Dec. 15, 1986.

Page 1029

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy, Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Martin J. Gerra, III, Deputy State Public Defender, Denver, for defendant-appellant.

METZGER, Judge.

Defendant, Keith Ondre Henderson, appeals from the judgments of conviction entered upon jury verdicts finding him guilty of aggravated robbery and theft. He contends that (1) the trial court erred when it denied his motion for judgment of acquittal; (2) the trial court erred when it admitted irrelevant and unduly prejudicial evidence; and (3) the application of § 18-1-105(9)(a)(II), C.R.S. (1985 Cum.Supp.) to enhance his sentence violated his right to due process of law. We affirm.

At approximately 12:30 a.m. on September 15, 1983, two men robbed a fast food restaurant in Aurora. They took over $500 in bills banded in packs of twenty-five bills per pack, and several rolls of coins.

Eyewitnesses described the perpetrators as black males in their twenties. One of the robbers wore a sweatshirt with a dark blue hood and a blue or purple bandanna. His accomplice wore a sweatshirt with a gray hood and a green bandanna, and had a semi-automatic weapon, smaller than a .45 caliber, with a rubber band wrapped around its grip. The perpetrators also carried a white pillowcase with a print design, which one witness described as having a green print, and another witness described as an orange or sandy-colored print.

About half an hour after the robbery, the manager of the apartment complex where defendant lived saw two black persons, one of whom was carrying a white bag, jump out of a car and run in the general direction of defendant's apartment building. Soon thereafter, a police officer arrived at the apartment complex after hearing a report of the robbery including a description of the robbers on his police radio. When the officer arrived, the apartment manager contacted him and described what she had

Page 1030

seen. The officer then organized a police surveillance of defendant's apartment.

Several hours later, a man meeting the description of one of the robbers was arrested exiting defendant's apartment. A search revealed a shaving case containing $312 in currency, including bundled bills containing twenty-five bills to a bundle.

At approximately 10:00 a.m., police officers knocked on the door of defendant's apartment and identified themselves. Defendant's wife opened the door after a short delay. During this delay, the officers heard frantic movement within the apartment. Defendant's wife told the officers that defendant was in the bathroom. The bathroom was searched and found to be empty. One of the officers sensed movement in a walk-in closet in the master bedroom, ordered defendant to come out, and he complied.

Upon obtaining a search warrant, a search of defendant's apartment was performed. Blue-hooded and gray-hooded sweatshirts were found draped over two chairs. A white pillow case with a green and salmon-colored floral design, a blue bandanna, and several rolls of coins were found together on a kitchen shelf. A green bandanna was found on the floor in one of the bedrooms. The officers found a glass jar containing 172 one-dollar bills and another $119 in loose cash on top of a bedroom dresser. Two semi-automatic...

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3 practice notes
  • People v. Ridenour, No. 92CA0104
    • United States
    • Colorado Court of Appeals of Colorado
    • January 13, 1994
    ...two handguns was error, such error was harmless in light of the overwhelming evidence of defendant's guilt. See People v. Henderson, 729 P.2d 1028 Defendant also claims the trial court abused its discretion by admitting evidence of a similar robbery offered by the People to establish identi......
  • People v. Whitley, No. 97CA1096.
    • United States
    • Colorado Court of Appeals of Colorado
    • June 10, 1999
    ...the time offense was committed is a sentence enhancer that need only be proven by a preponderance of the evidence); People v. Henderson, 729 P.2d 1028 (Colo.App.1986) (defendant was subject to aggravated range sentencing because the prosecution met its burden, at post-trial sentencing heari......
  • Henderson v. People, No. 86SC329
    • United States
    • Colorado Supreme Court of Colorado
    • March 17, 1988
    ...v. The PEOPLE of the State of Colorado, Respondent. No. 86SC329. Supreme Court of Colorado, En Banc. March 17, 1988. Prior report: 729 P.2d 1028. Page AMENDED ORDER OF COURT Upon consideration of the brief, record on appeal and the oral argument of counsel, and now being sufficiently advise......
3 cases
  • People v. Ridenour, No. 92CA0104
    • United States
    • Colorado Court of Appeals of Colorado
    • January 13, 1994
    ...two handguns was error, such error was harmless in light of the overwhelming evidence of defendant's guilt. See People v. Henderson, 729 P.2d 1028 Defendant also claims the trial court abused its discretion by admitting evidence of a similar robbery offered by the People to establish identi......
  • People v. Whitley, No. 97CA1096.
    • United States
    • Colorado Court of Appeals of Colorado
    • June 10, 1999
    ...the time offense was committed is a sentence enhancer that need only be proven by a preponderance of the evidence); People v. Henderson, 729 P.2d 1028 (Colo.App.1986) (defendant was subject to aggravated range sentencing because the prosecution met its burden, at post-trial sentencing heari......
  • Henderson v. People, No. 86SC329
    • United States
    • Colorado Supreme Court of Colorado
    • March 17, 1988
    ...v. The PEOPLE of the State of Colorado, Respondent. No. 86SC329. Supreme Court of Colorado, En Banc. March 17, 1988. Prior report: 729 P.2d 1028. Page AMENDED ORDER OF COURT Upon consideration of the brief, record on appeal and the oral argument of counsel, and now being sufficiently advise......

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