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Nesbitt v. State

Any error in admitting similar transaction evidence that the defendant robbed two individuals in 1994 in the defendant's trial for the armed robbery of a convenience store was harmless.

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A jury found Derick Nesbitt guilty of armed robbery, possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and giving a false name. Nesbitt appeals, asserting that the trial court erred in admitting similar transaction evidence and in instructing the jury. He also claims that he received ineffective assistance of counsel at trial. For reasons that follow, we affirm. Viewed most favorably to the jury’s verdict,1 the evidence shows that at approximately 6:00 a.m. on August 4, 2005, Willie Stevens was working in a convenience store when a man entered with a t-shirt over his head. Although the t-shirt partially covered the side of the man’s face, the remainder of his face was visible, and Stevens immediately recognized him as a previous store customer.

The man approached the cash register, placed a bag of candy on the counter, and pointed a gun at Stevens. He then demanded money, as well as cigarettes and lottery tickets. After Stevens gave him cash, a pack of cigarettes, and several lottery tickets, the man fled.

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