State v. Heath
2011 OK CR 5
| Okla. Crim. App. | 2011Background
- Heath charged with first-degree robbery in Oklahoma County with co-defendant Atchison.
- Joint preliminary hearing held Aug 5, 2009; judge overruled demurrer and bound over both defendants.
- Heath moved to quash information and dismiss Dec 4, 2009; Judge Elliott sustained the motion on Dec 7, 2009.
- Witness Jayson Young testified at the hearing; he described being robbed after a ride in Heath’s car and identified Atchison as the filer of threats.
- State appeals under 22 O.S.Supp.2009, § 1053(4); issue is whether there was sufficient probable cause Heath participated in the robbery; court reviews under clearly erroneous standard.
- Oklahoma Court of Criminal Appeals reverses, holding there was sufficient circumstantial evidence Heath aided and abetted the robbery and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported binding Heath over for trial. | State asserts sufficient circumstantial evidence Heath knew of and aided the plan. | Heath contends evidence failed to show participation or knowledge of the crime. | Probable cause found; evidence sufficient to bind Heath over. |
| Whether Heath can be deemed a principal or accomplice based on the preliminary evidence. | State argues Heath aided and abetted by driving getaway and participating in plan. | Heath contends insufficient evidence of involvement or knowledge. | Evidence sufficient to infer Heath aided and abetted; not merely present. |
Key Cases Cited
- Berry v. State, 799 P.2d 1133 (1990 OK CR 73) (sufficiency standard for preliminary hearing evidence)
- Davis v. State, 823 P.2d 367 (1991 OK CR 123) (circumstantial evidence may establish elements and involvement)
- Carter v. State, 746 P.2d 193 (1987 OK CR 248) (driver of getaway may be convicted of robbery)