Along with co-defendant Toni Phommachanh, Somphone Thock Phanamixay was indicted on two counts of armed robbery, two counts of theft by taking, three counts of aggravated assault, three counts of simple battery, three counts of kidnapping, and two counts of possessing a firearm during the commission of a crime. Phommachanh was also indicted on one count of possession of a firearm by a convicted felon or first offender. The trial court directed a verdict in favor of Phommachanh, and Phanamixay was convicted by a jury on all 15 charges against him. Following the denial of his motion for new trial, as amended, he appeals. Phanamixay challenges the sufficiency of the evidence, the admission of his statements, and the sentence of the court. Although we conclude that the evidence was sufficient to convict Phanamixay and that the trial court did not err in admitting his statements, we also conclude that the trial court erroneously failed to merge certain convictions for sentencing purposes. We therefore affirm the judgment of conviction but remand this case for resentencing consistent with this opinion. 1. We find no merit in Phanamixay’s argument that the evidence was insufficient to convict him. Construed in favor of the jury’s verdict, the evidence presented showed that Phanamixay and another man entered a video store. The unidentified man came into the store, ran toward the owner and a friend, who were watching television near the back of the store, and pointed a gun at them. He ordered them to lie down. Phanamixay then entered the store, ran toward the owner’s wife, who was lying down behind the counter, and held a knife to her neck. He forced her to walk to the back of the store and to lie down with the other two victims. Phanamixay and the unidentified suspect taped the three victims’ eyes, mouths, legs, hands, and arms and dragged them into the back room. They then stole the owner’s pager, cell phone, cash from his wallet, and cash from the cash register. They also took his wife’s necklace and money from her wallet. Following an investigation, Phanamixay was arrested, and he admitted his involvement in the crimes to Detective Robert Cotrell and FBI agent Stephen Paganucci.
Phanamixay argues that the only evidence linking him to the crimes was the “unreliable testimony” of the victim’s wife, who identified him as one of the men who committed the crimes. He points out that she initially told the police she did not know the identity of the suspects and also argues that she had a “vested interest in the matter.”
