Bowie v. State
Bowie v. State
Opinion of the Court
OPINION
On December 24, 1969, three young men, George Ronald Robinson, Benjamin Smith, and appellant, Melvin Bowie, entered the Hilltop Cut Rate Store on Government Hill in Anchorage; the store was then full with customers. One of the men, Robinson, leaped over the counter and pounded on the cash register, demanding that it be opened and the deposited money given to him.
Fortunately for the store’s owners, but unfortunately for the would-be bandits, Ronald Dobson, the son of the proprietors, had come home from medical school for the Christmas holidays and was stationed at his post beside the cash register when Robinson leaped over the counter. When Robinson demanded that he open the cash register, Ronald steeled himself, reached toward the depository, but grabbed instead a canister of a product called “On Guard”. As Ronald later testified, “On Guard” releases a chemical spray irritant containing, among other things, camphor benzoid, a lacrimator, which causes the eyes to sting and water profusely. Ronald whirled, sprayed Robinson in the face, and turned to spray appellant Bowie, who, accompanied by Smith, had begun to move quickly toward the store’s exit. Robinson then jumped back across the counter and tried to run out the door; however, he was pursued by the relentless medical student who grabbed him from behind and, with the as
Bowie’s participation in the robbery was passive; he remained throughout on the customer side of the counter. Although he testified that he did not participate in the robbery and did not know that one was planned until Robinson jumped over the counter, several state witnesses testified that Bowie told customers in the store that a robbery was in progress. No weapons were displayed at any time.
Robinson plead guilty and was sentenced to five years imprisonment. Smith was not charged. Appellant Bowie plead not guilty to a charge of attempted robbery, his single defense being that he did not know about or intend to participate in the robbery and thus' did not have the requisite criminal intent. However, the jury returned a guilty verdict and Bowie was sentenced to a term of five years in prison.
Appellant has asserted three separate errors in the proceedings below: (1) that the lower court abused its discretion in denying his motion for a protective order prohibiting the state from introducing impeachment evidence of two previous convictions; (2) that he was denied due process of law by the failure of the state to transcribe the grand jury proceedings and make the transcription available to defense counsel; and (3) that the sentence imposed is excessive. Each of these issues can be disposed of summarily.
In Griggs v. State, 494 P.2d 795 (Alaska, March 13, 1972), we reaffirmed the general discretion of a trial court to permit impeachment of a criminal defendant’s . testimony by admitting evidence of prior convictions. That decision is controlling here.
In Robinson v. State, 489 P.2d 1271 (Alaska 1971), we held that it is not a denial of due process to fail to transcribe grand jury proceedings. This holding is, of course, dispositive of appellant’s second specification of error.
In previous sentence appeals we have examined the sentence imposed to determine if it is within the “zone of reasonableness”.
The judgment and commitment of the trial court is affirmed.
. The convictions introduced to impeach Bowie were neither remote in time (1966 and 1967), cf. Spaulding v. State, 481 P.2d 389, 393 (Alaska 1971), nor for crimes (forgery and larceny) identical to- the one now charged. Cf. Parish v. State, 477 P.2d 1005, 1010-1014 (Alaska 1970) (Boney & Rabinowitz, JJ., dissenting).
. After Robinson was decided, Alaska R.Crim.P. 6 was amended, effective October 31, 1971, to require recordation of grand jury proceedings and to make a transcrijrt thereof available to defense counsel on request.
. Nickerson v. State, 492 P.2d 118 (Alaska, December 30, 1971); Waters v. State, 483 P.2d 199, 202 (Alaska 1971); Gilmore v. State, 479 P.2d 301, 302 (Alaska 1971).
. The crime of attempted robbery carries a maximum possible sentence of seven and one-half years. AS 11.15.240; AS 11.05.-020. Because appellant had previous felony convictions, he could have been sentenced to a maximum of thirty years. AS •12.55.050(2).
Concurring Opinion
Justice (concurring).
In Spaulding v. State, 481 P.2d 389, 393 (Alaska 1971), we said that our trial courts have discretion to exclude evidence
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Reference
- Full Case Name
- Horace Melvin BOWIE, Appellant, v. STATE of Alaska, Appellee
- Cited By
- 7 cases
- Status
- Published