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New v. State

Defendant's actions in going to a restaurant armed with a BB gun, covering his face with a mask and grabbing his gun when an officer told him to put his hands in the air supported an inference that he intended to commit armed robbery.

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A jury found Kavin New guilty of criminal attempt to commit armed robbery. New appeals, arguing that the State presented insufficient evidence to support his conviction and that he received ineffective assistance of counsel. For reasons that follow, we affirm. 1. On appeal from a criminal conviction, we view the evidence in a light favorable to the verdict, and the defendant no longer enjoys a presumption of innocence.1 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty beyond a reasonable doubt.2

Viewed in this manner, the evidence shows that, on January 7, 2000, several people standing outside of a McDonald’s restaurant observed a white car in the parking lot. According to one witness, the driver, who was apparently sitting down low in the seat, “peeked his head up several times and looked at them in the rear view mirror.” The car remained in the same parking space for fifteen or twenty minutes. The driver then moved the car behind the McDonald’s, stayed there for a few minutes, made a U-turn, and parked on a side street between the McDonald’s and a gas station. As the car passed the people standing outside of the restaurant, they saw that the driver was wearing a mask.

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