Moreover, the preponderance of the evidence adduced supports the trial court's finding that the confession was voluntarily made. Simpson v. State, 401 So.2d 263 (Ala.Crim.App.), cert. denied, 401 So.2d 265 (Ala. 1981). III.
July 31, 1981. Certiorari to the Court of Criminal Appeals, 401 So.2d 263. ALMON, Justice.
However, there was ample evidence presented by the victim that it was indeed the appellant that raped, robbed, and sodomized her. Testimony of the victim alone is sufficient to establish a prima facie case. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Therefore, there was no error in the trial court's denial of the appellant's motion for judgment of acquittal based on the sufficiency of the evidence.
This court has held that the testimony of the victim alone is sufficient to establish a prima facie case. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); McMillian v. State, 448 So.2d 463 (Ala.Cr.App. 1984); Nguyen v. State, 547 So.2d 582 (Ala.Cr.App. 1988). In this cause the evidence raised questions of fact for the jury, and that evidence, if believed, was sufficient to sustain the conviction; therefore, the denial of the motion to dismiss did not constitute error.
The testimony of the victim alone was sufficient to establish a prima facie case of robbery. Thompson v. State, 525 So.2d 816 (Ala.Cr.App. 1984), aff'd, 525 So.2d 820 (Ala. 1985), cert. denied, 488 U.S. 834, 109 S.Ct. 94, 102 L.Ed.2d 70 (1988); Simpson v. State, 401 So.2d 263 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 265 (Ala. 1981). Moreover, it is not the province of this court to reweigh the evidence.
Elliott v. State, 338 So.2d 483, 487 (Ala.Crim.App. 1976) (citations omitted). See also, Griffin v. State, 500 So.2d 83 (Ala.Crim.App. 1986); Williams, 456 So.2d 852; Simpson v. State, 401 So.2d 263 (Ala.Crim.App. 1981), cert. denied, 401 So.2d 265 (Ala. 1981). In the case at bar, the trial judge ruled that the appellant's confession was voluntary and we will not disturb this ruling on appeal. The trial judge had the benefit of listening to the testimony of the witnesses before making his decision and his ruling is not "manifestly contrary to the great weight of the evidence."
Clearly, a prima facie case of robbery, first degree, was proven. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); Carter v. State, 420 So.2d 292 (Ala.Cr.App. 1982). Appellant next alleges that his sentence was unlawfully enhanced, as a result of the proof of two prior felony convictions: one for grand larceny and one for buying, receiving, or concealing stolen property.
Where the trial judge finds on conflicting evidence that the confession was voluntarily made, its finding will not be disturbed on appeal unless found to be palpably contrary to the weight of the evidence. A voluntariness predicate laid by the State is sufficient to establish prima facie that a confession was voluntarily made. Myers v. State, 401 So.2d 288 (Ala.Cr.App. 1981); Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981); and cases cited therein."
Where the evidence is conflicting, the trial judge's finding of the voluntariness of a confession will not be disturbed on appeal unless it is palpably contrary to the weight of the evidence. Harris v. State, 280 Ala. 468, 195 So.2d 521 (1967); Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Moreover, a review of the record shows that there is absolutely no evidence that any such statement was ever made to the defendant.
The trial court is not required to accept the testimony of the appellant as to voluntariness where there is substantial testimony by other witnesses sufficient to establish a voluntariness predicate. Simpson v. State, 401 So.2d 263 (Ala.Cr.App.), cert. denied, 401 So.2d 265 (Ala. 1981). Although appellant relies on Edwards, supra, as authority for reversal, the facts herein differ markedly from those in Edwards.