Willard v. State
Willard v. State
Opinion of the Court
OPINION
The appellant, James Allen Willard, was tried by jury in Tulsa County District Court, Case No. CRF-85-1080, and convicted of Second Degree Burglary, After Former Conviction of A Felony, in violation of 21 O.S.1981, § 1435, before the Honorable Joe Jennings, District Judge. The jury returned a verdict of guilty and set punishment at ten (10) years imprisonment. Judgment and sentence was imposed in accordance with the jury’s verdict. We affirm.
For his sole assignment of error, appellant claims that the trial court erred as a matter of law in refusing to sustain his motion for a directed verdict. Due process requires a reviewing court to examine the evidence in the light most favorable to the prosecution to determine whether any rational trier of fact could find the essential elements of the crime charged beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Spuehler v. State, 709 P.2d 202, 203-204 (Okl.Cr. 1985). In doing so, this Court must accept all reasonable inferences and credibility choices that tend to support the trier of fact’s verdict. See Washington v. State, 729 P.2d 509, 510 (Okl.Cr. 1986).
Appellant admitted being in the neighborhood at the time, and admitted that his companions had committed a burglary; however, he denied taking part in it. He also denied going into the Cantrell home. From this it is obvious that the only conflicting testimony was whether the appellant participated in the burglary, and whether he entered the house. This Court has said that it is up to the jury to weigh the evidence and the credibility of the witnesses to resolve any conflict in the evidence. This Court will not disturb that determination on appeal. Yell v. State, 694 P.2d 946, 948 (Okl.Cr. 1985). When there is evidence from which the jury can conclude that the defendant is guilty as charged, this Court will not disturb that determination even though there are sharp conflicts in the evidence. Liles v. State, 702 P.2d 1022, 1025 (Okl.Cr. 1985). Where reasonable and logical inferences and deductions from the evidence would enable a jury to convict a defendant beyond a reasonable doubt, this Court will not disturb that finding on the basis of insufficiency of the evidence. Wood v. State, 557 P.2d 436, 440 (Okl.Cr. 1976). Based on the record evidence cited above, we feel that a prima facie case was presented to the jury and that the evidence supported the verdict. The members of the jury were faced with the option of believing appellant or Mrs. Barnett. They chose to believe Mrs. Barnett.
Accordingly, on the basis of the foregoing, the judgment and sentence is hereby AFFIRMED.
Reference
- Full Case Name
- James Allen WILLARD v. STATE of Oklahoma
- Cited By
- 1 case
- Status
- Published