Webb v. State, No. F--76--262

• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Writing for the Court: BUSSEY; BRETT, P.J., and BLISS
• Citation: 550 P.2d 1360
• Parties: Samuel Nelson WEBB, Jr., Appellant, v. The STATE of Oklahoma, Appellee.
• Docket Number: No. F--76--262
• Decision Date: 08 June 1976

Page 1360

550 P.2d 1360 Samuel Nelson WEBB, Jr., Appellant,
v.
The STATE of Oklahoma, Appellee. No. F--76--262. Court of Criminal Appeals of Oklahoma. June 8, 1976.

Don Anderson, Public Defender, Oklahoma County, for appellant; Samuel Nelson Webb, Jr., pro se.

Larry Derryberry, Atty. Gen., for appellee.

MEMORANDUM OPINION

BUSSEY, Judge:

Appellant, Samuel Nelson Webb, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF--74--4229, for the offense of Robbery With Firearms, in violation of 21 O.S.Supp.1974, § 801. The jury fixed his punishment at eighteen (18) years' imprisonment, and from said judgment and sentence an appeal has been perfected to this Court. See, Webb v. State, Case No. PC--76--211 (April 7, 1976).

Briefly stated, at the trial the State's evidence established that at about 3:40 p.m. on December 2, 1974, the manager of the Wilshire Apartments in Oklahoma City was robbed at his office of over $800 by two black males wearing ski masks and brandishing pistols. Defendant subsequently confessed to being one of the gunmen, and informed authorities that a stolen automobile had been used in the commission of the robbery. The stolen vehicle was then discovered at the location defendant described.

In testifying in his own behalf, defendant introduced the defense of alibi, and explained that he previously confessed only because the investigating officers asserted that his uncle had been implicated and would be imprisoned for the crime. He further testified that he learned the details surrounding the commission of the offense from the investigating officer who repeatedly read from the police report. Defendant admitted two prior felony convictions

Page 1362

for Theft Over $50 and a Dyer Act Violation. One other witness testified for the defendant in support of his defense of alibi.

The first assignment of error raises the issue of the sufficiency of the evidence to support the verdict. We have consistently held that where there is competent evidence in the record from which the jury could reasonably conclude that the defendant was guilty as charged, the Court of Criminal Appeals will not interfere with the verdict, even though there is a sharp conflict in the evidence and different inferences may be drawn therefrom, since it is the exclusive province of the jury to weigh the evidence and determine the facts. See, Jones v. State, Okl.Cr., 468 P.2d 805 (1970).

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