Robinson v. State

The victim's and a witness's prior inconsistent statements were admissible as substantive evidence after both men testified at trial and denied making the statements.

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Aunterio Robinson was indicted on one count of aggravated assault. A jury found him guilty as charged, and judgment of conviction and sentence were entered. This appeal follows the denial of his motion for new trial. Robinson raises three enumerations, contending that the trial court erred by admitting into evidence the prior inconsistent statements of two witnesses, by “effectively” denying his right to confront witnesses under the Sixth Amendment to the United States Constitution, and by permitting the State to place his character in issue improperly. We find no merit in any of Robinson’s contentions, and we affirm the judgment. Construed to support the jury’s verdict, the evidence presented at trial showed that Rodney Shaw, also known as “Poncho,” and Thomas Milo were engaged in a discussion at a cafe when Robinson, also known as “Bobo,” entered the cafe. Robinson owed Shaw money, and when Shaw demanded it, Robinson became “very loud” and “boisterous.” Not wanting “any trouble,” Shaw and Milo left the cafe in Shaw’s truck.

Robinson followed them to a gas station, and an argument between Shaw and Robinson ensued, which soon turned into a fistfight. A resident of a nearby apartment complex was out on his balcony and heard someone shout: “When you bring me my money bring it to me correct.” A wrecker driver and a firefighter were driving by and observed the altercation. They testified that the person who was winning the fight, later identified as Shaw, chased the other man, Robinson, who then raised his arm and pointed it toward his pursuer. Shaw retreated running toward the door of the closed gas station with Robinson in pursuit and tried unsuccessfully to enter, seeking cover. The firefighter then heard gunshots as Robinson shot Shaw twice.

Robinson v. State

The victim's and a witness's prior inconsistent statements were admissible as substantive evidence after both men testified at trial and denied making the statements.

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