X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Jeffrey Johnson was convicted on one count each of armed robbery,1 possession of a knife during the commission of a felony,2 theft by taking of a motor vehicle,3 and criminal trespass.4 He appeals his convictions and the denial of his motion for new trial, i challenging the sufficiency of the evidence supporting the armed robbery conviction and arguing that the trial court erred in ii admitting hearsay testimony, iii admitting testimony regarding canine tracking without the proper foundation, iv allowing a police officer to comment on his silence, v denying his motion for mistrial when the jury indicated that it was deadlocked, vi failing to charge the jury on witness identification, and vii admitting the testimony of witnesses who were not on the State’s witness list. For the reasons set forth below, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict and Johnson no longer enjoys a presumption of innocence.” Punctuation omitted. Berry v. State .5 In evaluating the sufficiency of the evidence to support a conviction, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .6

So viewed, the record shows that on the night of January 15, 2004, a man wearing a green ski mask, a dark coat, gloves, and glasses under his mask entered a Kangaroo convenience store, brandished a folding knife, and demanded that the two store clerks give him the money from the cash register. The female clerk standing near the cash register opened it, whereupon the man grabbed the money and fled from the store. After the man exited the store, the male clerk, who was standing near the store’s entrance, saw the man drive away in a silver Ford pickup truck with a stripe down the side of the vehicle. Immediately following the robbery, the clerks called the police and provided a description of what the man was wearing and of his vehicle.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›