State v. Heath, 2011 OK CR 5

Heath charged with first-degree robbery in Oklahoma County CF-2008-7239; joined with co-defendant Atchison.
Preliminary hearing held Aug 5, 2009 before Judge Ryan; demurrer overruled and both defendants bound over.
Heath moved to quash December 4, 2009; Judge Elliott sustained December 7, 2009 finding insufficient evidence to bind Heath over.
State appeals under 22 O.S.Supp.2009, § 1053(4); matter reviewed by this Court.
Witness Jayson Young testified Oct 31, 2008; Heath and Atchison lured him, Atchison assaulted and robbed him, Heath drove getaway car behind Hobby Lobby.
Court found there was sufficient circumstantial evidence Heath knew of the plan and aided Atchison; district court’s quash was clearly erroneous and reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was probable cause Heath participated as principal or accessory	Heath aided and abetted; aware of plan	Insufficient evidence Heath knew or participated	Probable cause to believe Heath aided and abetted; reversal
Whether circumstantial evidence supports Heath’s involvement	Sufficient circumstantial evidence shows awareness and participation	Evidence fails to show Heath's involvement	Evidence adequate to infer involvement; sufficient for binding over
Whether State needed direct evidence of participation at preliminary stage	Direct evidence not required, circumstantial ok	Need direct proof of participation	Circumstantial evidence allowed; all principals liable under law

Berry v. State, 799 P.2d 1133 (1990 OK CR 73) (sufficiency of evidence on preliminary hearing; circumstantial evidence acceptable)
Davis v. State, 823 P.2d 367 (1991 OK CR 123) (circumstantial evidence valid to establish elements; trial court must not err in quash if evidence suffices)
Carter v. State, 746 P.2d 193 (1987 OK CR 248) (driver of getaway car may be liable; evidence of participation supports robbery conviction)