People v. Williams

Decision Date04 January 1979
Docket NumberNo. 77-704,77-704
Citation42 Colo.App. 58,595 P.2d 692
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tommy L. WILLIAMS, Defendant-Appellant. . I
CourtColorado Court of Appeals

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Susan P. Mele-Sernovitz Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Ilene P. Buchalter, Deputy State Public Defender, Denver, for defendant-appellant.

PIERCE, Judge.

Appealing his conviction of aggravated robbery, defendant contends that the trial court erred in denying his motion to suppress evidence seized from his residence pursuant to a search warrant. He also contends that the trial court erred in denying his motion for a mistrial. We disagree with both contentions, and affirm the conviction.

I.

The affidavit in support of the search warrant contained a detailed description of a series of armed robberies that had recently occurred in the Denver area. Attached to the affidavit and incorporated therein by reference was a list of the items to be searched for and seized. Next to each group of items was a police offense report number. Among the items were credit and identification cards belonging to persons other than defendant.

Also, facts set forth in the affidavit established probable cause to believe that defendant had committed the described robberies. However, defendant argues that the affidavit failed to show that the items to be searched for and seized had been taken in the described robberies, and thus, there was no reason to believe that the items on the list were at this residence. We disagree.

In People v. Pike, 189 Colo. 238, 539 P.2d 125 (1975), the Supreme Court noted that:

"(T)he Fourth Amendment does not deny to law enforcement officers the support of the usual inferences which reasonable men may draw from sworn statements and testimony. So long as the inference is drawn from the information set forth in the affidavit, the inference is permissible. People v. McGill, (187) Colo. (65), 528 P.2d 386 (1974); United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); and Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed.2d 436 (1948)."

Here, the obvious inference to be drawn from reading the affidavit, together with the attached appendix, is that the items in the appendix had been taken in the series of robberies described in the affidavit. It is equally obvious that the items were derived from the police offense reports and were based on the statements of the victims of the robberies. Thus, we reject defendant's contention that the affidavit was fatally defective because it did not expressly state the source of the police information regarding the stolen items. See United States v. Ventresca, supra.

II.

At trial, a police officer testified that he acted as a roving detective covering police units that were "staked out" at several Denver motels, and that he was notified by another officer that a suspect for the motel stickups had been arrested at the Holiday Inn. Defense counsel objected on the grounds that this statement implied that defendant had been involved in other motel robberies. The officer then testified that he recognized the man in custody at the Holiday Inn. Defense counsel again objected, and moved for a mistrial on the ground that the officer's testimony intimated...

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5 cases
  • People v. D.K.B.
    • United States
    • Colorado Supreme Court
    • January 11, 1993
  • State v. Dudley, s. 17097
    • United States
    • Missouri Court of Appeals
    • October 21, 1991
    ...circumstances. See, e.g., United States v. Reed, 700 F.2d 638, 641 (11th Cir.1983); Beusch, 596 F.2d at 875; People v. Williams, 42 Colo.App. 58, 595 P.2d 692, 693 (1979). Alger, 100 Idaho 675, 603 P.2d 1009, 1013 The fact that the information about Bobo's cocaine sale came from a different......
  • People v. Salazar, 83CA1066
    • United States
    • Colorado Court of Appeals
    • September 12, 1985
    ...of the affidavit is that Bervig was a "citizen informant" familiar with the items missing from the hardware store. People v. Williams, 42 Colo.App. 58, 595 P.2d 692 (1979). Therefore, his information was reliable and With respect to Silva, we apply the "totality of the circumstances" test a......
  • People v. Price, 92CA1744
    • United States
    • Colorado Court of Appeals
    • April 20, 1995
    ...absent an abuse of discretion, the trial court's denial of a motion for mistrial will not be disturbed on review. People v. Williams, 42 Colo.App. 58, 595 P.2d 692 (1979). Here, to minimize or nullify the effect of the witness' improper comments, the trial court instructed the jurors to dis......
  • Request a trial to view additional results

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