State v. Aiken, 2505
| Decision Date | 03 April 1996 |
| Docket Number | No. 2505,2505 |
| Citation | 322 S.C. 177,470 S.E.2d 404 |
| Court | South Carolina Court of Appeals |
| Parties | The STATE, Respondent, v. Donnie AIKEN, Appellant. . Heard |
Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, Columbia, for appellant.
Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.
Donnie Aiken appeals his conviction for armed robbery, claiming the trial court erred in admitting evidence of his participation in other robberies. We affirm.
At Aiken's trial, during an in camera hearing, Detective Everett LaFrance of the Orangeburg County Sheriff's Department testified concerning his investigation of a series of armed robberies. In each of the robberies, a small handgun was used by a young black male who covered his face. All of the robberies took place in the same part of Orangeburg, all either on or near the Highway Twenty-One bypass. The first occurred at a Speedway gas station on July 3, 1994. The second was at an Express Lane convenience store on July 12. An attempted robbery occurred at Wingard's Texaco Station on July 17. Another robbery took place at the China Palace Restaurant on July 18. Yet another occurred on July 19 at the Short Stop Convenience Store. Finally, an attempted robbery took place at the Express Lane on July 27. The police had staked out this location that day and arrested Aiken along with Anton Govan, a juvenile. Govan gave Detective LaFrance a statement implicating Aiken in all the robberies as the driver of the getaway car and the supplier of the pistol.
Govan was fifteen years old at the time of the trial. He was incarcerated at the Department of Juvenile Justice after being convicted in family court for several armed robberies. At the in camera hearing, Govan testified about the robberies. He stated Aiken supplied the gun and transportation and was the lookout. Govan testified he robbed the locations with a pistol supplied by Aiken. He put his T-shirt over his face to hide his identity. Govan stated he had not been promised anything to testify and was already serving his time after the convictions in family court.
The trial court ruled the testimony concerning the robberies of July 12, 17, 19, and 27 was admissible under State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923), but did not permit testimony regarding July 3 because Govan did not name Aiken as a participant in that robbery.
David Kir testified he was the manager of the China Palace Restaurant in Orangeburg County. At approximately 4:30 p.m. on July 18, 1994, a young black male entered the restaurant and robbed it. The robber had a black T-shirt tied around his face and carried a pistol. He fled on foot. Kir could not identify Aiken. Clara Maynard was a customer in the China Palace Restaurant. She corroborated the details of the crime but also could not identify either the robber or Aiken. Tyrone Blocker, another customer, also corroborated the details of the robbery but did not identify Aiken.
In the presence of the jury, Detective LaFrance testified his department was staking out convenience stores due to a series of robberies in July. On July 27, he arrested Aiken, Govan, and Erick Wannamaker at the Express Lane for attempted robbery. The police found a gun in the car. Govan gave him a statement about his and Aiken's involvement in the other robberies including the robbery at the China Palace.
Govan also testified concerning the robbery at the China Palace. Aiken picked him up in a white pickup truck and they decided to rob the restaurant because Aiken needed money for child support. After Aiken gave him a signal, Govan went into the restaurant with his face covered and robbed the cashier and two customers. He fled on foot to where Aiken was waiting on him. They divided the money. Govan also testified about the other July robberies he was involved in with Aiken.
The State also presented testimony by William Busbee. Busbee testified about accompanying Aiken and Govan on the unsuccessful robbery attempt at Wingard's Texaco. He was in jail for accessory to robbery at the time of the trial.
Aiken testified he was 23 years old with a prior conviction for conspiracy to distribute crack cocaine. He stated he was at his mother's house on the day the China Palace was robbed and denied being involved in the robbery. On cross-examination, he denied any involvement in other robberies. He also stated he was not working during July....
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