Epps v. State

The defendant's convictions for aggravated assault and robbery merged as a matter of fact into the defendant's kidnapping with bodily injury conviction.

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Michael Perry Epps was convicted by a jury on one count of kidnapping with bodily injury, one count of robbery, and one count of aggravated assault. He appeals following the denial of his motion for new trial. Viewed in the light most favorable to the verdict, the evidence showed that on March 15, 2002, Rick Morrow went to a bar in Douglas County to have drinks with a friend. Over the next few hours, Morrow continued drinking and became, in his own words, “very drunk.” At around 12:15 a.m., he began to feel sick, so he left the bar and went outside where he sat on a curb to compose himself. Almost immediately, he was approached by a man who identified himself as a policeman, grabbed Morrow’s arm and told him he was under arrest. When Morrow noticed the man was not dressed like a police officer, he pulled his arm away. The man then admitted that he was not a policeman and said he was just someone who wanted to help Morrow get home.

The man ushered Morrow off the curb and directed him to a waiting car. Morrow said that he did not get into the car voluntarily, but the man pushed him inside onto the back seat and then got in beside him. Two women were in the front seat. Morrow heard the door slam, and the car began pulling out of the parking lot. Almost immediately, Morrow felt a hand go into his pocket, and he reflexively grabbed at his pants. The man then began hitting him repeatedly, but Morrow said he was not able to put up any resistance. Morrow said this beating, which he described as brutal, continued for about five minutes. The man then put Morrow in a headlock and took his wallet, watch, car keys and cash from his pocket. Morrow subsequently identified Epps from a photo line-up as the man who shoved him in the car, beat him and took the items from his pocket. The charges of robbery and assault against Epps arise from these incidents.

Epps v. State

The defendant's convictions for aggravated assault and robbery merged as a matter of fact into the defendant's kidnapping with bodily injury conviction.

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