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Simonette v. State

The trial court's error in failing to give the defendant's requested jury instruction on impeachment by proof that the witness has been convicted of a crime of moral turpitude was harmless.

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A jury found Chris Simonette guilty of armed robbery. He appeals, challenging the trial court’s failure to give a requested jury instruction. For reasons that follow, we affirm. Viewed favorably to the verdict,1 the evidence shows that, on March 8, 2000, a white car carrying four men and a woman stopped in front of Jose Carillo’s truck as Carillo was driving through an apartment complex, forcing him to stop. Three men jumped out, approached the truck, and demanded Carillo’s wallet. When one of the men pointed a gun at his head, Carillo surrendered his wallet. The men then returned to their car and fled.

Carillo followed his assailants to another apartment complex, spotted a police officer, and reported the robbery. As Carillo spoke to the officer, the white car drove by, and the officer pursued it. After a short distance, the car stopped suddenly. Three men ran from the vehicle, leaving one male and the woman in the car. The officer detained those two occupants, identified at trial as Antwan Lucas and Alethea Phelps, and police found two pellet pistols in the area. The police subsequently arrested Simonette, Marcus Woods, and Jason Sanders as the other participants in the crime.

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