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Wilson v. State
Citations: 25 Ark. App. 126; 753 S.W.2d 287; 1988 Ark. App. LEXIS 338Docket: CA CR 87-200
Court: Court of Appeals of Arkansas; July 6, 1988; Arkansas; State Appellate Court
James R. Cooper, the judge, presided over an appeal regarding an aggravated robbery conviction against the appellant, who was sentenced to ten years in prison. The appellant argued that the conviction lacked substantial evidence, particularly asserting that there was no proof he knew his accomplices would use a deadly weapon during the robbery. He further claimed that the evidence was insufficient even for a lesser charge of robbery. Robbery is defined under Arkansas law as using or threatening physical force to commit theft. The appellant's involvement was based on accomplice liability, which holds individuals accountable if they aid or encourage another in committing a crime. At trial, evidence showed that Richard Hessee, a Pizza Hut manager, was robbed around midnight on December 4, 1986. Testimony from Keith Williams indicated he participated in the robbery, having been informed by Ricky Cooper about the manager's actions before the crime. Williams recounted that the appellant drove them near the Pizza Hut, instructed them to "go get it from the manager," and waited in the car while Cooper and Williams approached the restaurant. During the robbery, Hessee was threatened with a gun, and his belongings were taken. Hessee confirmed the robbery details, identifying two assailants. The appellant's own statement revealed he was aware of the robbery plan but claimed he would not partake in the actual crime, stating he drove the accomplices to the scene and waited while they executed the robbery. After they returned to the car with minimal money, they left together. The sufficiency of accomplice Williams’s statement is examined, emphasizing that an accomplice's testimony must be corroborated by substantial, independent evidence linking the defendant to the crime. Corroborating evidence doesn't need to support a conviction on its own. In this case, the appellant’s admission of driving Williams and Cooper to the Pizza Hut, knowing a robbery was planned, connects him to the crime. The evidence, including the appellant's statement directing the others to "go get it from the manager," supports a conviction for robbery, countering the appellant's claim that his statement referred only to ordering pizza. The court asserts that substantial evidence exists to conclude the appellant aided and encouraged the robbery. Regarding the appellant's conviction for aggravated robbery, he argues insufficient evidence of knowledge about the use of a gun, which he claims is necessary for accomplice liability. The court disagrees, noting that aggravated robbery involves being armed or pretending to be armed, while robbery involves threatening physical force. Citing precedents, the court highlights that if the appellant aided in a robbery but was unaware of a weapon, his liability would be limited to the lesser offense of robbery. Thus, the distinction between robbery and aggravated robbery is significant in determining the extent of the appellant's culpability. Savannah is distinguishable from the current case, which involves a bench trial rather than a jury trial. In Savannah, the key issue was whether it was an error to refuse jury instructions on a lesser included offense of robbery, focusing on the appellant's intent to aid or advise in committing that lesser offense. Conversely, the current case addresses whether the evidence was sufficient for the fact-finder to conclude that the appellant aided or advised others in committing aggravated robbery. The commentary on Ark. Stat. Ann. 41-303 indicates that accomplice liability pertains to the crime planned; thus, if a greater offense is committed than what was planned, liability still attaches to the intended lesser offense. In the current case, evidence showed that a firearm was used, the appellant was present during the planning of the crime, and he transported accomplices to and from the scene. This evidence supports the conclusion that the appellant was aware of the plan for aggravated robbery, affirming the conviction based on substantial evidence. The ruling was affirmed with agreement from Judges Cracraft and Jennings.