Brown v. State

The defendant robbed multiple victims of cash and their vehicles at gunpoint over the course of three months in 2005, culminating in a high speed police pursuit, in which the defendant crashed a stolen vehicle into a utility pole and a tree, resulting in his hospitalization.

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Joseph Brown appeals from the denial of his motion for new trial following his conviction by a jury of armed robbery1 three counts, hijacking a motor vehicle2 four counts, possession of a firearm during the commission of a felony3 four counts, aggravated assault,4 theft by receiving stolen property,5 fleeing and attempting to elude a police officer,6 and reckless driving.7 He contends that 1 the trial court erred by giving the jury an improper instruction on the level of certainty of witnesses’ identification of him, 2 the trial court erroneously denied his request for a hearing on the suggestiveness of pre-trial identification procedures, 3 trial counsel was ineffective, and 4 the evidence was insufficient to support the verdict. For the reasons that follow, we affirm.

Construed in favor of the verdict,8 the evidence shows that Brown perpetrated several offenses against multiple victims over the course of three months in 2005. In July, Jamie Penn got off of work at approximately 2:00 a.m. and drove to an automated teller machine to withdraw money. As she returned to her car, a green 1997 Volkswagon Jetta, Brown confronted her with a black semiautomatic pistol and demanded her money. She refused and briefly struggled with Brown, who then pointed his gun at her and asked for her car keys. Brown then drove off in her car with $440 of Penn’s cash. Penn called police from a nearby convenience store. A week later, police located the Jetta abandoned by the side of the road, with the windows newly tinted and the radio removed. At trial, a friend of Brown’s testified that Brown brought a green Jetta to his house and applied tinting film to the windows.

Brown v. State

The defendant robbed multiple victims of cash and their vehicles at gunpoint over the course of three months in 2005, culminating in a high speed police pursuit, in which the defendant crashed a stolen vehicle into a utility pole and a tree, resulting in his hospitalization.

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