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Belmar v. State

The state proved the existence of a conspiracy through the testimony of a witness who said that defendant and his co-conspirators told him about their plans to rob the victim prior to the date of the crime.

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Following a jury trial, Clifford Belmar appeals his convictions for armed robbery, aggravated battery, and aggravated assault,1 contending that the trial court erred by allowing the jury to hear certain hearsay testimony of his co-conspirators, Tyrone Arrington, Chauncey Brantley, and Antonio Thomas. Specifically, Belmar argues that these statements 1 were not admissible under the hearsay exception for statements of co-conspirators and 2 lacked indicia of reliability, thereby making their admission a violation of the Sixth Amendment. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, around 1:00 a.m. on March 25, 1998, Joe Perdue was leaving a neighbor’s apartment and returning to his own when he noticed a white Cutlass parked nearby. As Perdue passed the vehicle, he was able to observe its occupants because an overhead light was illuminating the interior. Moments later, one of the men sitting on the passenger’s side of the car followed Perdue to the landing outside his apartment, held a gun to Perdue’s head, attempted to break into Perdue’s apartment, and robbed Perdue. Then, a second man, also sitting on the passenger’s side of the car, came up to the landing and told the first man that he was taking too long and that he should just shoot Perdue. Thereafter, both assailants shot Perdue in the legs and fled with the other men waiting in the parked car. Perdue later identified Belmar as one of the men who shot him from a photographic lineup. Perdue again identified Belmar as one of his assailants during trial.

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