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Anderson v. State

The trial testimony of two officers about the co-defendant's statements did not require reversal, given the overwhelming evidence against the defendant, including the convenience store clerk's identification of the defendant as the armed robber.

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Following trial, a jury convicted Eric Anderson and his co-defendant Omar Espinosa of armed robbery. Anderson appeals his conviction and the denial of his motion for new trial, arguing that the trial court erred in denying his motion for a mistrial based on the improper admission of his co-defendant’s statement to police and in finding that he failed to show that he received ineffective assistance of counsel. For the reasons set forth infra , we affirm. Viewed in the light most favorable to the jury’s guilty verdict,1 the evidence shows that at about 1:50 a.m. on September 19, 2004, Anderson walked into a local convenience store, picked up a piece of candy from one of the aisles, and approached the check-out counter. As the convenience-store clerk started to scan the candy for its sale price, Anderson pointed a pistol at her and ordered her to give him all of the money from the cash register. After the clerk complied, Anderson fled from the store, and the clerk called the police.

Shortly after the robbery occurred, a police officer patrolling the area noticed a burgundy Pontiac Grand Prix in the curbside lane adjacent to the convenience store, traveling at a curiously slow speed. As the officer approached the vehicle in his patrol car, it turned into the passing lane, increased its speed, and drove away. Only minutes later, the officer received a dispatch concerning the armed robbery at the convenience store, and based on his suspicion that the burgundy Grand Prix may have been involved, he radioed other officers to be on the lookout for that vehicle.

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