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Gilbert v. State

The defendant did not have standing to contest the trial court's grant of use immunity to his codefendant because it was not part of the proceedings against him.

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Michael Gilbert was convicted of armed robbery.1 He appeals following the denial of his motion for new trial, arguing that the trial court erred by conferring use immunity on his co-defendant. For the following reasons, we affirm. Gilbert was charged with armed robbery, as were his two co-defendants, Jordan Laing and Major Chapman. Laing and Gilbert were tried separately, and both appealed their convictions.2 We affirmed Laing’s conviction in Laing v. State. 3 In the instant case,4 the State presented evidence that on February 17, 2007, Gilbert, Laing, and Chapman discussed “hitting a lick,” or committing an armed robbery. That same day, Gilbert, who was wearing a bandana over his face, approached the victim at an automated teller machine “ATM”, pointed a gun at his face, and forced him to retrieve money from the ATM, while Laing and Chapman waited nearby. Shortly thereafter, police apprehended Laing and Gilbert in a minivan in the apartment complex behind the ATM. Gilbert had a bandana and $40 in cash on him when he was arrested, and the police recovered a gun from the minivan.

Both Laing and Chapman testified in the instant case, detailing Gilbert’s involvement in the crime. Laing, who had already been tried and convicted and was awaiting a ruling on his motion for new trial, was compelled to testify at Gilbert’s trial in exchange for use immunity.

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