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Robinson v. State

The trial court erred in overruling the defendant's objection to the State's attempt to prove the charge of armed robbery via a party to the crime theory in a second trial after a jury failed to reach a verdict in a first trial, as the only rational conclusion to be drawn from the jury's verdict in the first trial, in which the jury acquitted the defendant on related charges, was that the jury rejected that theory.

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In June 1998, Jakeith Robinson, the alleged get-away driver in the robbery of an armored car driver, was indicted and tried for murder,1 felony murder,2 armed robbery,3 two counts of aggravated assault,4 possession of a firearm by a convicted felon,5 and possession of a firearm during the commission of a felony.6 At the conclusion of the trial,7 the jury returned not guilty verdicts as to the murder, felony murder, and both aggravated assault charges, but could not reach a verdict on the charges of armed robbery and possession of a firearm during the commission of a felony.

Thereafter, in September 1999, Robinson was tried as a co-defendant for armed robbery and the weapons charge. Robinson unsuccessfully moved for severance of the trials, arguing that based on the State’s arguments that he was a co-conspirator and/or party to the armed robbery, the issue was precluded from retrial. During the trial, co-defendant Xavier Womack was tried for murder, felony murder, armed robbery, two counts of aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon, while Robinson was retried on armed robbery and possession of a firearm during the commission of a crime.8 The jury found Robinson guilty of armed robbery and acquitted him of possession of a firearm during a crime and possession of a firearm by a convicted felon. Robinson was sentenced to life imprisonment.

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