Miller v. State

The trial court did not err in refusing to sever the defendant's attempted armed robbery offenses, because the charges constituted a series of connected acts.

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Following a jury trial, Dirk Elliott Miller was convicted of two counts of criminal attempt to commit armed robbery.1 He appeals, arguing that the trial court erred by: 1 proceeding with pretrial motions when Miller was not represented by counsel; 2 denying his motion to sever the offenses; and 3 denying his motion to suppress. We affirm, for reasons that follow. Viewed in favor of the verdict,2 the evidence shows that on July 21, 2006, a black male entered Juanita’s Party Supplies in Gwinnett County, where Amadys Munoz, the owner, was working. After all of the other customers left the store, the man approached Munoz, pointed toward the cash register, and yelled at her to open it. The man’s hand and what Munoz believed was a gun were covered with a white shirt. Munoz pretended that she was going to open the register and then screamed at her daughter —who was standing near the entrance —to run and get help. The man pushed Munoz and then began beating the cash register. When the cash register would not open, the man ran out of the store. Afterwards, Munoz told the police that the suspect was wearing a white t-shirt, blue shorts, and white Nike shoes with a green logo.

On July 27, 2006, Erica Gonzalez was working alone in the Dollar Party store in Gwinnett County when a black male approached the cash register with a white towel draped over his hand and what Gonzalez believed was a gun. The man pointed the gun toward Gonzalez and commanded her to open the cash register. Gonzalez told the man several times that she was unable to do so, and he attempted to open it himself. When he could not open the register, the man said, “F —k you,” to Gonzalez and then left the store. The police were called, and Gonzalez told them that the suspect was wearing blue shorts, a white tank top, and green and white shoes.

Miller v. State

The trial court did not err in refusing to sever the defendant's attempted armed robbery offenses, because the charges constituted a series of connected acts.

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