Green v. State

Defense counsel was not deficient for failing to object to the trial court's charge on armed robbery, which included alternate methods, since the indictment charged the defendant with committing the crime with a handgun and the evidence uniformly showed that the defendant used a handgun to commit the crime.

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Following a jury trial, Brian Green appeals his conviction of armed robbery1 and kidnapping2 two counts each, contending that 1 he received ineffective assistance of counsel based on his trial counsel’s failure to object to a jury instruction that allegedly expanded the indictment, and 2 the evidence was insufficient to prove the asportation element of the kidnapping offenses. For the reasons that follow, we affirm. Construed in favor of the verdict,3 the evidence shows that in December 2005, Melissa Carlisle was working as a sales associate at a bookstore, along with Ben Creekmore, who was working as an assistant manager. Just before closing time, Green entered the store, having been there approximately 20 minutes before. After perusing the gift displays with Carlisle, Green accompanied her to the cash register so he could check out. As Carlisle opened the cash drawer, Green reached over the counter and grabbed the money in the drawer. Carlisle resisted, and Green produced a handgun and said, “Let me show you what I’m all about.” Carlisle called out to Creekmore for help. Creekmore came from another part of the store, and Green, having cleaned out the cash drawer, forced both Carlisle and Creekmore to walk approximately 100 feet to the back of the store, where the safe was located. Once at the back of the store, Creekmore told Green that there was no safe, and Green slapped him, saying, “Don’t f — with me.” Green then forced Carlisle, who did not have access to the safe, into an adjacent office and demanded that Creekmore open the safe. After the safe was opened, Green took a bag full of money, put Creekmore in the office with Carlisle, told them not to call the police, closed the door, and fled.

After they were sure that Green was gone, Carlisle called the police, while Creekmore went to the front of the store to lock the door. The police arrived shortly thereafter and conducted an investigation. A few days later, Carlisle and Creekmore identified Green in a photo lineup as the armed robber.

Green v. State

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