Hall v. State

Although the defendant was 16 at the time of the crime, his counsel's failure to petition to have his case transferred to juvenile court did not constitute ineffective assistance, because armed robbery cases are not eligible for such a transfer.

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Following a bench trial, the court found Kasey Hall guilty of armed robbery.1 On appeal, Hall challenges the sufficiency of the evidence. Hall also contends that he received ineffective assistance of counsel because his attorney did not seek to have the case transferred to the juvenile court. For reasons that follow, we find these enumerations of error lack merit and affirm. 1. “On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.”2 Viewed in this manner, the record shows that on the morning of June 22, 2003, Hall and Michael Apple entered a Hollywood Video rental store. Laura Rodriguez was the only employee in the store at that time. After walking in and out of the store with Apple for roughly 20 minutes, Hall approached Rodriguez at the counter with several DVDs. When Rodriguez began to use the register, Apple stepped behind her, put a gun to her back, and ordered her to walk to the back of the store. Once there, Apple bound her hands and feet with red duct tape and demanded the code to the safe. Rodriguez gave him a false code and, while Hall and Apple were unsuccessfully attempting to open the safe, removed the tape on her hands and feet. She fled the store through an emergency exit in the back, triggering an audible alarm, then ran to the front of the store. After Rodriguez saw Hall and Apple fleeing the store, she returned and called the police.

Police quickly located a barefoot Hall and Apple at a nearby Kroger grocery store. Within 15 minutes of the crime, Rodriguez was brought to the store, where she positively identified the two as the perpetrators. After searching the area near the store, police found a handgun, red duct tape, and two pairs of shoes nearby. Several Hollywood Video DVDs were also seen in the area, but disappeared before police could collect them as evidence. Based on this evidence, Hall was found guilty.3

Hall v. State

Although the defendant was 16 at the time of the crime, his counsel's failure to petition to have his case transferred to juvenile court did not constitute ineffective assistance, because armed robbery cases are not eligible for such a transfer.

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