Hurst v. State

Samorial Lopeze Hurst was found guilty by a jury of two counts of armed robbery. Finding no merit in the claims of error made by Hurst on appeal, we affirm the judgment of conviction. 1. The State produced evidence that Hurst used a handgun to rob two Wendy’s restaurants. A Wendy’s employee testified that on December 13, 1998, Hurst approached the drive-in window where she was working and pointed a handgun at her and demanded money. Hurst then reached inside the window and took over $500.00 from the cash register. A Wendy’s customer reported the tag number of the car Hurst used to flee from the robbery, and police arrested Hurst a day after the robbery driving a stolen car bearing the reported tag number.

After Hurst was released from custody, he committed the second armed robbery. Another Wendy’s employee testified that on April 10, 1999, Hurst approached the drive-in window where she was working, forced open the window from the outside, and placed a handgun with a towel over it on the window ledge. He then reached in the window and took about $43.00 from the cash register. After the employee identified Hurst as the robber in a photo line-up conducted by police, Hurst was arrested again and charged with the second robbery.