Stallings v. State
Decision Date | 30 June 2000 |
Citation | 793 So.2d 867 |
Parties | Harold V. STALLINGS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Richard Lee Chancey, Phenix City, for appellant. Bill Pryor, atty. gen., and Norbert H. Williams, asst. atty. gen., for appellee.
The appellant, Harold V. Stallings, was convicted of first-degree robbery, a violation of § 13A-8-41(a)(1), Ala.Code 1975. Pursuant to the Habitual Felony Offender Act, the trial court sentenced him to imprisonment for life without the possibility of parole. See § 13A-5-9(c)(3), Ala.Code 1975. The appellant filed a motion for a new trial, which the trial court denied after conducting a hearing. This appeal followed.
The appellant argues that the State did not present sufficient evidence to support his conviction. Specifically, he contends that the State did not establish that he was armed or represented that he was armed during the robbery. Section 13A-8-41, Ala.Code 1975, provides, in pertinent part:
Section 13A-8-43, Ala.Code 1975, provides, in pertinent part:
In Porter v. State, 666 So.2d 106, 108 (Ala.Crim.App.1995), we held:
The evidence showed that, on March 26, 1998, Raymond Lamar Osborne was working as a cashier at the U.S.A. Petroleum gas station on Highway 280 in Russell County, Alabama. At approximately 4:15 a.m., the appellant drove into the parking lot and told Osborne he wanted a pack of cigarettes. Osborne testified that the following occurred thereafter:
(R. 18.) Osborne then opened the cash register, put his hands beside it, and allowed the appellant to take the money out of it. Osborne subsequently testified that, although he did not see a gun, he believed the "something" the appellant put in his side may have been a gun.
From the evidence presented, the jury could have concluded that Osborne reasonably believed that the appellant had placed a gun in his side. See Porter, supra
; § 13A-8-41(b), Ala.Code 1975. Therefore, the State presented sufficient evidence to establish that the appellant was armed or represented that he was armed during the offense. Accordingly, the appellant's argument is without merit.
The appellant also argues that his trial counsel rendered ineffective assistance because he did not file a pretrial motion to suppress identification evidence and because he did not subpoena a certain witness to testify at trial. Although it conducted a hearing on the appellant's motion for a new trial, the trial court did not make specific findings of fact regarding each claim the appellant raised during that hearing. Therefore, the attorney general asks that we remand this case to the trial court for that court to make specific findings of fact concerning the arguments made during the hearing on the appellant's motion for...
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