Willis v. State

• Decision Date: 01 November 1983
• Docket Number: 3 Div. 576
• Parties: Sylvester WILLIS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 199

447 So.2d 199

Sylvester WILLIS v. STATE.

3 Div. 576.

Court of Criminal Appeals of Alabama.

Nov. 1, 1983.

Rehearing Denied Ex Mero Motu

March 20, 1984.

R. Howell Dean, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen. and Jennifer Mullins, Asst. Atty. Gen., for appellee.

P.B. McLAUCHLIN, Jr., Circuit Judge.

The grand jury of Montgomery County indicted the appellant, Sylvester Willis, for the offense of robbery in the first degree in violation of Ala.Code § 13A-8-4 (1975). On March 15, 1982, the appellant filed a written waiver of arraignment and a written plea of not guilty and not guilty by reason of insanity. On April 8, 1982, the appellant was tried before a jury and found guilty as charged in the indictment. On April 30, 1982, the appellant was sentenced to 99 years' imprisonment in the state penitentiary in accordance with the Habitual Felony Offenders Act.

At the close of the state's evidence and at the close of the case of the appellant, the appellant made a motion for a judgment of acquittal. The appellant also requested the affirmative charge and filed a motion for new trial. In each instance, the appellant claimed the evidence was insufficient to support the verdict and in each instance the trial judge denied the motions of the appellant.

Also, the appellant claims that the trial judge erred in denying the motion for a new trial based on newly discovered evidence.

Charles Williams owns and operates a grocery store in rural Montgomery County. He lives in a house across the street from his store. On Sunday night, September 27, 1981, Mr. Williams was in his living room reading a newspaper when he heard a knock at his front door. He asked who was there and the caller responded "Jimmy." Mr. Williams looked out the window and saw that the caller resembled a frequent customer of his named Jimmy. Mr. Williams opened the door and the caller stepped inside, pointed a pistol at Mr. Williams and said that he would blow Mr. Williams's brains out if Mr. Williams did not give him all of his money. The man holding the pistol took some money from Mr. Williams's pockets and motioned toward the door. The other armed men entered the home.

All three men pulled Mr. Williams into the bedroom. They turned the bedroom lights on and stripped the bed and used the sheets to tie Mr. Williams's hands behind him and his legs together. Mr. Williams then heard one of the men, who had left the room, shout that he had found the jackpot. He was referring to a green First Alabama Bank pouch containing cash, checks, food stamps and coins. After the intruders found the money, they pulled Mr. Williams into the bathroom and shut the door. After a few minutes, Mr. Williams untied himself and went to his phone, only to find that it had been ripped out of the wall. He then went to a neighbor's house and called the Sheriff. During the entire episode, which lasted approximately 10 minutes, the lights were on in the living room, the bedroom and the bathroom.

At trial, Mr. Williams identified Sylvester Willis as the individual who first entered his house and robbed him. Mr. Williams also testified that he described the individuals who robbed him to the sheriff's investigator and from his description a composite sketch was made of the appellant. Also, the other participants were identified as Wade Cargill and Eddie Mays.

Jackie Mays, the appellant's girlfriend and Eddie Mays's sister, testified that she heard Charles Flynn tell appellant that he could easily rob Charles Williams and that the appellant said he would not do that. She further testified that at her mother's home, on the night of the robbery, the appellant asked her to keep $60 for him and that upon seeing the money, Charles Flynn asked whom they had robbed and someone said "Charles Williams." She also testified that she saw a green money bag in Wade Cargill's car and that she went with the appellant to three service stations to cash change into dollars. She also testified that her brother, Eddie Mays, had $60.

Charles Flynn testified that the day before the robbery, appellant asked him if Charles Williams was easy to rob and when Flynn said he did not know, the appellant said he was going to rob him. He further testified that he saw appellant at 11:30 Sunday night and that the appellant and Eddie Mays were counting money in the kitchen of Laura Cargill's house. He further testified that on the following Monday, he saw a green First Alabama money bag pouch in Wade Cargill's car.

Laura Cargill, the appellant's mother, testified that the appellant was at her house on the night of the robbery, and the appellant's sister testified that the appellant was at his mother's house at 11:00 p.m. on the night in question.

The appellant denied having any conversation with Charles Flynn about robbing Mr. Williams and he testified that at the time of the robbery he was at his mother's house.

Laura Phillips, who was called in rebuttal, testified that she overheard Sylvester Willis ask Charles Flynn if there was any way to rob Charles Williams.

There is no question that the testimony was inconsistent and conflicting. The testimony of the witnesses who were family or friends was somewhat equivocal from direct, to cross to redirect examination.

In deciding whether or not there is sufficient evidence to support the verdict of the jury and the judgment of the trial court, the evidence must be reviewed in the light most favorable to the prosecution. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978). Conflicting evidence presents a jury question not subject to review on appeal provided the state's evidence establishes a prima facie case. McBryar v. State, 368 So.2d 568 (Ala.Cr.App.1979); Gunn v. State, 387 So.2d 280 (Ala.Cr.App.1980); 7 Ala. Digest, Criminal Law, Key No. 1159.3. The action of the trial court in denying a motion for acquittal, in refusing to give the affirmative charge and in denying a motion for new trial, must be reviewed by determining whether or not there exists legal evidence before the jury, at the time the motions are made, from which the jury by fair inference could find the defendant guilty. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). In applying this standard, ...