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Simons v. State

Evidence of the defendant's prior drug use was relevant and admissible at her trial for robbery by sudden snatching because it showed her motive to participate in the robbery.

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Following a jury trial, Jennifer Simons was convicted of robbery by sudden snatching.1 She appeals, arguing that the trial court erred by admitting evidence of her prior drug use and that she received ineffective assistance of counsel. We affirm, for reasons that follow. Viewed in favor of the verdict,2 the evidence shows that on September 27, 2007, Simons drove her husband’s cousin, John Roberts, to a shopping center containing a fabric store and parked in the alley behind the shopping center. Roberts exited the vehicle and stood by the door to the fabric store until Hanna Joy, a customer, approached. Roberts opened the door, blocked Joy’s path, and then “violently” grabbed her purse strap. Joy refused to release her purse, and she screamed, wrapped her arms around a column, and locked her fingers, while Roberts continued to pull on the purse. Eventually, one of the straps broke, and Roberts fell backwards and then got up and ran.

Joy dropped her other packages and chased Roberts, screaming, “Call 911. Somebody help me. Somebody please help me.” Simons, who was still in the parked vehicle facing away from the store, saw Roberts running and began backing up toward him. Roberts ran toward the car, and Simons stopped and “let him in.” Simons then changed gears and began to pull forward, and Joy, who was standing in front of the car, jumped onto the hood so that the car would not strike her.

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