for the court:
This is аn appeal from a judgment of the Circuit Court of Adams County wherein Glеnn Ross Watkins was found guilty of armed robbery and sentenced to life imprisоnment without the possibility of parole as an habitual offender under the provisions of MCA § 99-19-81 (Supp.1986). We affirm his conviction, but remand the case for resentencing.
In the early morning hours of June 2, 1984, Charles Ernest “Ernie” Burlеy and Patricia “Pattie” Echols were parking in a lovers’ lane nеar Natchez when another car drove up behind them. A masked black male, brandishing a pistol, opened the door to their car and demanded Burley’s wallet. Burley gave him $13. The man also tried to assаult Pattie Echols, but she escaped. Neither of the victims saw the assailant’s face; after the robbery was completed the аssailant left, taking Burley’s car keys
On appeal, Watkins argues that his conviction was not supрorted by adequate evidence, and that the trial judge had no authority to impose a life sentence upon him without a recоmmendation from the jury.
The first argument has little substance. A jury verdict in a criminal case will not be set aside on appeal unless this Court, aftеr considering all the state’s evidence as true together with all inferences reásonably following from it, concludes that no reasоnable jury could have found the defendant guilty. E.g. Fairley v. State,
This is not a case in that category. The state proved, by its fingerprint expert, that Watkins had placed his hand on Bur-ley’s car. Expert testimony proved, with virtual cеrtainty, that hair found on Bur-ley’s shirt came from Watkins. Watkins’ own witness, Charles Wright, gave some of the state’s best evidence; his testimony effectively еxploded Watkins’ explanation of why he possessed a stocking and gloves similar to those used by the robber. Stories told by Watkins’ wife and brother-in-law to furnish him an alibi were incredible. In short, the jury had ample reаson to find Watkins guilty.
We agree, however, that the trial judge should not have sentenced Watkins to life imprisonment absent a recommendаtion from the jury.
In Stewart v. State,
Therefore Watkins’ conviction of аrmed robbery is affirmed and the case remanded for resentencing according to the rule of Friday.
AFFIRMED AS TO CONVICTION, REVERSED AND REMANDED FOR RE-SENTENCING.
