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Hall v. State

The same conduct predicated one of the defendant's aggravated assault convictions and his armed robbery conviction.

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Following a jury trial, Kinard Hall was convicted of armed robbery, three counts of aggravated assault with a deadly weapon, burglary, and possession of a firearm during the commission of a crime. Hall’s sole argument on appeal is that the trial court erred in failing to merge one of his aggravated-assault convictions into his armed-robbery conviction. For the reasons set forth infra , we agree. Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on the afternoon in question, Hall and his co-defendant, Dante Williams, went to the apartment of the victims, Alisha Paul and Percy Burdine.2 As Paul opened the door, Hall and Williams, both armed, forced their way into the apartment. The men ordered Paul to sit on the sofa, and Williams, brandishing a shotgun, remained with her. Hall, brandishing a handgun, then proceeded to the master bathroom, where he placed his weapon directly into Burdine’s face and demanded to know “where the shit at” Understanding Hall to be referring to valuable musical equipment that had previously been stored in the apartment, Burdine informed him that it was no longer there.

At some point, Hall became temporarily distracted and directed his attention toward the front door, at which time Burdine jumped through the bedroom window to escape. Hall and Williams then ran from the apartment. On the way out the door, Hall took the victims’ Xbox game console.

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