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McKenzie v. State

The trial court properly admitted the defendant's confession to police, since the interviewing officers testified that the defendant waived his rights in writing, he never requested an attorney or invoked his right to remain silent and they made no threats or promises to him

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A jury found Jermaine McKenzie guilty of armed robbery, aggravated assault, and possessing a firearm during the commission of a crime. McKenzie appeals, challenging the sufficiency of the evidence. He also argues that the trial court erred in failing to suppress his statement to police. For reasons that follow, we affirm. 1. On appeal from a criminal conviction, we view the evidence favorably to the jury’s verdict, and the defendant no longer enjoys a presumption of innocence.1 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the jury was authorized to find the defendant guilty beyond a reasonable doubt.2

So viewed, the evidence showed that just before 3:00 a.m. on December 14, 2006, a gunman with a scarf over his face entered a Waffle House restaurant and demanded money from a waitress. After the waitress gave him funds from the cash register, the gunman asked whether she had “dropped” any money into the lock box, where Waffle House employees put large bills and excess cash from the register. When the waitress denied putting money in the lock box, the gunman pushed his gun against the waitress’ neck, asking whether she wanted to die. The waitress repeated that she had not placed money in the lock box, and the gunman fled.

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