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State v. Reynolds

Court of Appeals of Missouri, Western District, Fourth Division

March 10, 2015

STATE OF MISSOURI, Respondent,
v.
TERRILL E. REYNOLDS, Appellant

APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY. THE HONORABLE BYRON L. KINDER, JUDGE.

Gabriel E. Harris, Jefferson City, MO for respondent.

Samuel E. Buffaloe, Columbia, MO for appellant.

BEFORE DIVISION FOUR: ALOK AHUJA, CHIEF JUDGE, PRESIDING, LISA WHITE HARDWICK, JUDGE AND ROBERT M. CLAYTON, III, SP. JUDGE. ALL CONCUR.

OPINION

Page 102

Lisa White Hardwick, Judge

Following a jury trial, Terrill Reynolds was convicted of first degree robbery, armed criminal action, and unlawful possession of a firearm. Reynolds appeals, contending the circuit court erred in overruling his hearsay objections and admitting into evidence several screenshots of his cell phone call log. For reasons explained herein, we find no error and affirm Reynolds' convictions.

Factual and Procedural History[1]

On November 20, 2011, Kevin Dulle was working the overnight shift as a taxi cab driver in Jefferson City when he was dispatched to a McDonald's parking lot to pick up a passenger around 3:00 am. As Dulle arrived, a man and two women approached the cab from across the parking lot. Dulle noticed that one of the women was wearing a pink hoodie. The three entered the back seat of the cab, with the man sitting directly behind the driver's seat. One of the women told Dulle that they were going to the 800 block of East Elm Street. Dulle drove the three to their destination, which took approximately five minutes.

As the cab approached the 800 block of East Elm, Dulle heard " three clicks" from the back seat. He glanced back and saw the two women " bolt out" of the taxi and run away. The man pointed a gun between the two front seats of the cab and demanded Dulle's money bag. Dulle retrieved his money bag from under the driver's seat and gave it to the man. After standing beside the car for a few moments to count the $425 in the bag, the man ran behind the buildings on the 800 block of East Elm.

After the robbery, Dulle drove to his usual parking spot and flagged down a police officer to report the robbery. The officer contacted the cab company and obtained the phone number of the person who had requested the cab. The officer also called the phone number but there was no answer.

A few hours later, around 6:40 a.m., police were dispatched to a disturbance at Keeyata Taylor's apartment at 808 East Elm Street--the same block where the robbery took place. Taylor told police that two people in the apartment, Chtonia Battile and Terrill Reynolds, had been involved in a robbery and then had argued over the money obtained. Wilford Gatlin, who was also in the apartment, told officers that Reynolds had a black handgun at the time the argument occurred with Battile.

Page 103

Another witness in the apartment described Battile as ...


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