Green v. State

Bullets, ' "unlike fungible articles, can be distinct and recognizable physical objects that can be identified by observation, eliminating the necessity of a chain-of-custody showing." '

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Following a jury trial, Sullivan Green appeals his convictions in connection with two armed robberies, contending 1 that the trial court erred by admitting into evidence certain bullets possessed by Green at the time of his arrest, and 2 that the trial court erroneously charged the jury regarding the level of certainty of eye-witnesses’ identification of Green. For the reasons that follow, we affirm. “On appeal the evidence must be viewed in the light most favorable to support the verdict, and Green no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Punctuation omitted. Short v. State .1 So viewed, the evidence shows that in February 2004, Green entered a shoe store and, after browsing for a few items, attacked the cashier by choking her and hitting her in the knee with a hammer while demanding money. As Green fled the store with the money, another store worker followed Green out the door and observed Green’s vehicle a gray Saturn and license plate number. When police subsequently investigated the crime, two store employees identified Green from a photo lineup.

The day after the shoe store robbery, Green, wearing a mask and carrying a pistol, entered a family clothing store and fired a warning shot into the air, ordering the store occupants to the floor. After taking approximately $440 from the registers and putting it in a green pillow case, Green fled in a gray Saturn. A customer who witnessed the incident called 911 and followed Green in her own vehicle, reporting Green’s tag number and describing their route to the 911 operator. A police officer in the area joined the pursuit and, after Green ran a red light and struck another car, began pulling Green over. As Green slowed, he bailed out of the car, and the officer steered his cruiser into Green’s Saturn to stop it on a utility pole. After police arrested Green, they recovered from the gray Saturn a ski mask and a green pillow case with approximately $420 in it.

Green v. State

Bullets, ' "unlike fungible articles, can be distinct and recognizable physical objects that can be identified by observation, eliminating the necessity of a chain-of-custody showing." '

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