placeCityJackson v. State

Evidence that the defendant and a co-defendant waited in a car while another co-defendant entered the victim's car and demanded that she give him $10K cash at gunpoint supported the defendant's armed robbery conviction.

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A placePlaceNameRichmondPlaceTypeCountygrand jury indicted Malcolm Jackson and his co-defendants, Mario Hester and Corey Johnson, for armed robbery and possession of a firearm during the commission of a felony. placeCityJacksonwas also indicted for possession of a firearm by a convicted felon. Following a jury trial, placeCityJacksonwas found guilty of all charges. On appeal, placeCityJackson claims that the trial court erred in denying his motion for new trial because i the verdict in the case was contrary to evidence and justice and against the weight of the evidence, and ii he was entitled to a new trial based on newly discovered evidence. We disagree and affirm. Viewed in a light most favorable to the verdict, the evidence shows that Oliver Moss, accompanied by two other men, went to a Sprint Food store on Saturday, August 18, 2001. According to Moss, the vehicle of the “lady that worked in the store” was parked in front of the ATM that he was using. Moss saw a masked man run across the parking lot, get into the automobile, and put a gun to the woman’s head. Moss testified that the woman “almost passed out . . . she was panicking.”

The victim gave something to the gunman, who then exited the vehicle and ran down a pathway into the woods. Moss followed him, but ran away to call the police when the man showed his gun. While Moss and his companions were waiting for the police to arrive, a blue car with white stripes picked up the gunman. Moss was able to get the vehicle’s tag number. The victim was crying and in shock when Moss returned to the store.

placeCityJackson v. State

Evidence that the defendant and a co-defendant waited in a car while another co-defendant entered the victim's car and demanded that she give him $10K cash at gunpoint supported the defendant's armed robbery conviction.

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