201 So. 3d 623
Ala. Crim. App.2015Background
- On August 6, 2012, Dshaun Stallings and Cedric A. Hammond entered a Phenix-Girard Bank branch wearing sheer hosiery over their faces; Stallings carried a black bag and produced a pistol.
- Stallings forced branch manager Eileen Jones to the floor and took her purse; Hammond jumped over the teller counter behind which Michael Newsome stood and took cash from a drawer.
- The robbers fled in a black Mazda SUV later identified as stolen; Hammond’s fingerprints were found on that vehicle and associates placed Hammond in the Mazda before the robbery and identified him in security footage.
- Total money taken: $7,202. Stallings later pleaded guilty to first-degree robbery.
- Hammond was convicted on two counts of first-degree robbery (CC-13-378 and CC-13-379) and sentenced to concurrent 300-month terms; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for robbery as to Newsome (CC-13-378) | Hammond: insufficient evidence he used or threatened force against Newsome; Newsome was not placed in fear by Hammond | State: accomplice-liability applies; Hammond aided/abetted Stallings who was armed and threatened force | The court affirmed; evidence that Stallings threatened force while Hammond aided/abetted was sufficient for first-degree robbery conviction |
| Use of Anders no-merit procedure for the other robbery conviction (CC-13-379) | Hammond’s counsel filed a brief identifying one arguable issue and also sought an Anders review for the remainder | State: counsel cannot both argue an assignment of error and request partial Anders review; Anders requires counsel to conclude the entire appeal is frivolous | The court refused to consider the partial Anders portion and affirmed the judgment |
Key Cases Cited
- Breckenridge v. State, 628 So.2d 1012 (Ala. Crim. App. 1993) (standard for reviewing sufficiency of the evidence)
- Ex parte Hannah, 527 So.2d 675 (Ala. 1988) (accomplice liability requires awareness that co‑actor was armed during robbery)
- Anders v. California, 386 U.S. 738 (1967) (procedural requirements when counsel seeks appellate review claiming no meritorious issues)
- Wigfall v. State, 710 So.2d 931 (Ala. Crim. App. 1997) (accomplice liability principles; identity of who used force is immaterial when participants act jointly)