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Clowers v. State

Defense counsel was not deficient for failing to file a motion to suppress the photographic line-up evidence, since the photographic arrays were not impermissibly suggestive.

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A jury found Winfred Clowers guilty of armed robbery. Clowers appeals, alleging the evidence was insufficient to support the jury’s verdict and he was denied effective assistance of trial counsel. We find no error and affirm Clowers’ conviction. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”2 This Court will uphold the jury’s verdict as long as there is some evidence, even though contradicted, to support each necessary element of the state’s case.3

Viewed in that light, the evidence shows that at approximately 12:15 p.m. on January 18, 2006, Clowers entered a grocery store and asked the cashier to cash a check. The cashier told Clowers he could not cash the check. Clowers left and then a few minutes later came back with a gun and demanded money. The cashier opened the cash drawer, and Clowers reached in and took some money out. When the cashier reached for his wallet, Clowers cocked his pistol. The cashier took money out of his wallet and gave it to Clowers while Clowers “was still pointing the gun” at him. Clowers then left the store, and a small car sped from the scene.

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