final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Duval County. Roberto
Thomas, Public Defender, Maria Ines Suber, Assistant Public
Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, Heather Flanagan Ross, Assistant
Attorney General, Tallahassee, for Appellee.
challenges the sufficiency of the evidence admitted at trial
which resulted in his convictions for armed robbery and
attempted armed robbery. He does not challenge the
sufficiency of the evidence of his conviction for aggravated
fleeing and eluding, but that evidence is a significant part
of the circumstantial evidence that formed the basis of the
case at trial on the robbery charges. We hold that the State
produced sufficient evidence to sustain the convictions, and
thus, the trial court correctly denied Appellant's motion
for judgment of acquittal.
trial, one victim testified that after eating dinner with
friends at a restaurant on January 24, 2013, one of her
friends wanted to show her a car she had rented, a white
Chevrolet Impala, parked outside the restaurant. While the
two women stood by the car, a man approached and asked if the
car belonged to them. The man then demanded the women's
purses and keys; when they refused, the man said he
wasn't kidding, and produced a handgun. The victim
testified that the man was about 5'10" tall, wearing
a long, dark bluish-grey "nicer type hoodie jacket,
" baggy blue jeans, and athletic shoes. She testified
the gun was a silver snub-nosed gun with a black handle, and
that the gun recovered from Appellant's possession and
admitted into evidence was very similar to the gun she saw
the night of the robbery.
victim further testified that the man approached her friend,
and attempted to grab her friend's purse. She testified
that the man grabbed her friend's purse, who then dropped
her keys, and the man grabbed the keys and drove away in the
Impala with the purse. She then ran into the restaurant and
used the phone to call 911, telling the 911 operator that she
and her friend had been robbed at gunpoint by a male wearing
a blue "letterman" jacket. The victims did resist
Robertson testified that he had known Appellant for two to
eight months before the crimes, and he identified Appellant
at trial. Robertson testified that Appellant frequently wore
a blue letterman jacket with his name on it, on top of a
hooded plaid-striped jacket. Robertson testified that on
January 25, 2013, he was at his brother's house when
Appellant arrived in a white Impala with one other person.
Robertson testified that he got in the car to go to the beach
with Appellant, and when he asked Appellant where he got the
car, Appellant said "Don't worry about it" and
"None of your business." Robertson testified that
he assumed the car was a rental, because it had a "no
smoking" sticker inside of it. Robertson testified that
Appellant picked up a man named Julius Williams, who rode in
the Impala with Robertson and Appellant.
testified that every time he saw Appellant, Appellant had
carried a firearm. Robertson described Appellant's
firearm as a silver or chrome revolver with a black handle,
and testified that Appellant had the gun with him that day.
testified that while Appellant was driving to an uncle's
house to pick up some money, Appellant ran a red light and
struck a station wagon, damaging the front bumper of the
Impala. Appellant then stopped at a store and removed the
front bumper that was hanging off of the car. When they drove
into a residential subdivision, a police car pulled up behind
and began following them. When Appellant pulled out of the
subdivision, the police car turned on its lights and sirens,
and Appellant accelerated to flee the police car, driving
through another red light and fleeing from the police car at
90-100 miles per hour.
said Appellant pulled into what he presumed was
Appellant's mother's neighborhood, and he and
Appellant both jumped out of the car. The Impala then rolled
into a retention pond.
said he jumped out of the car, because he was sure the car
was stolen, as the police had no other reason to pursue the
car. Robertson testified that he fled behind a house, jumped
a fence and was running on a highway when police apprehended
him. After looking at a still shot of the restaurant's
video footage of the robbery, Robertson identified Appellant
as the robber, because the robber was ...