Ponder v. State, 75--671
| Decision Date | 09 December 1975 |
| Docket Number | No. 75--671,75--671 |
| Parties | Lovon PONDER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Paul Morris, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON and NATHAN, JJ., and CHARLES A. CARROLL (Ret.), Associate Judge.
Lovon Ponder, defendant in the trial court, appeals his judgment of conviction and sentence to 20 years in the state penitentiary following a jury trial on the charge of robbery.
The pertinent facts are that on October 25, 1974, Ponder entered the shop of watchmaker Jerome Murrary to inquire about having a watch movement placed inside a locket. Shortly after he left, four black men entered the shop, pointed a gun at Murrary, advised him that it was a holdup, and proceeded to take watches, rings and cash from the shop. Police officers in the neighborhood heard a burglar alarm and began to follow a moving car with four black men inside. When the car came to a stop, the four black men were apprehended. Ponder, the defendant, was the driver of the car. The missing items of jewelry and cash were found in the car. One of the police officers testified at trial that Ponder confessed to the robbery during questioning at the police station. Ponder denied confessing and claimed, in effect, that the robbers jumped in and commandeered his car at gunpoint. The jury found Ponder guilty of robbery. The trial judge adjudged him guilty and sentenced him to 20 years in the state penitentiary.
Ponder raises two points on appeal. First, that the trial court erred in denying his motion for a judgment of acquittal in that the State failed to prove the requisite element of intent to aid, abet or assist in the perpetration of the robbery. Second, that the trial court erred in denying the motion to suppress statements allegedly made to a police officer during a custodial interrogation, in that the State failed to sustain its burden of proving that the defendant made a knowing and intelligent waiver of his right against self incrimination and his right to have counsel present during questioning as guaranteed by the Constitution.
From the record, it appears that Ponder was advised of his constitutional rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. A resolution of the issues as to the voluntariness of a...
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