APPEAL FROM THE CIRCUIT COURT OF PEMISCOT COUNTY. Honorable Fred W. Copeland, Trial Judge. Honorable Perry J. Rhew, Post-conviction Special Judge
Appellant's Motion for Rehearing Overruled. Motion for Transfer Denied September 9, 1993.
Montgomery, Parrish, Shrum
The opinion of the court was delivered by: Montgomery
The Defendant was found guilty by a jury of attempted robbery in the first degree, assault in the first degree, and two counts of armed criminal action. He was sentenced to four consecutive terms of fifteen years' imprisonment. Defendant appeals in case number 17563.
The Defendant sought post-conviction relief under Rule 29.15. *fn1 The motion court dismissed the motion because it was untimely filed, and Defendant appeals in case number 18445.
The appeals are consolidated for our review. Rule 29.15(l). We affirm the judgments in each case.
Defendant does not challenge the sufficiency of the evidence, but raises a single point urging his confession was the result of unlawful interrogation and was also involuntary. Before trial, Defendant filed a motion to suppress his statement which was overruled.
During October and November 1990 four armed robberies occurred at a rest stop area on Interstate 55 in Pemiscot County. The elderly victims described the perpetrator as a black man who drove a maroon sports car. On November 26, 1990, Deputy Sheriff Ivie saw a car of that description, which was registered to the Defendant, at the rest area.
On November 28, 1990, Doyle Wright, his wife and granddaughter stopped at the rest area for a nap in the early morning hours. Upon awakening, Mr. Wright went to the restroom. On his way he noticed a maroon sports car parked nearby. While in the restroom Mr. Wright was accosted by a black male who ordered him to give up his billfold. In response, Mr. Wright said, "You're not gonna get it," and reached for a trash can. At that time, the assailant fired his pistol and the bullet grazed Mr. Wright's upper lip. Mr. Wright then hurled the trash can at his assailant who fired a harmless second shot and ran from the restroom. Pursuing him, Mr. Wright saw the man enter the maroon sports car and speed away. Mr. Wright pursued in his vehicle for a short distance but soon abandoned the chase. At trial, Mr. Wright did not positively identify the Defendant as his assailant but said he matched the description of the person who assaulted him.
The rest area was under surveillance on December 1, 1990, by the Pemiscot County sheriff and his deputies. Early that day the Defendant's car was spotted in the rest area and was then followed by Deputy Ivie. After Defendant exited Interstate 55, he was arrested by Deputy Ivie who read him his Miranda rights on the spot. A search of Defendant's car uncovered a hand gun under the driver's seat. Defendant was transported to the sheriff's office, and again Deputy Ivie gave Defendant the Miranda warning. *fn2
At the motion to suppress hearing Deputy Ivie was the only witness. He testified Defendant refused to sign a written waiver of his rights at the sheriff's office. However, Deputy Ivie stated he read Defendant his rights from a written form; Defendant then read the form and said he understood his rights.
Initially, Defendant denied any involvement in the rest area robberies. Then he stated he loaned his car to a man and woman from Blytheville, Arkansas, who committed the crimes. Finally, Defendant ...