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Moore v. State

The trial court's failure to determine on the record whether defendant knowingly and intelligently waived his right to counsel was harmless since defendant had the benefit of counsel during pre-trial proceedings and throughout his trial.

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A jury found Timothy Moore guilty of armed robbery and aggravated assault. He challenges the sufficiency of the evidence to support his convictions and complains that the trial court erred by 1 failing to establish that his waiver of counsel was knowing and intelligent, 2 failing to merge his convictions, and 3 considering evidence of prior convictions in aggravation of sentencing. We agree that Moore’s convictions should have merged, but we reject his other claims of error.

Taken in the light most favorable to the verdict,1 the evidence showed that, on the morning of May 25, 1996, two men entered a convenience store in Brunswick. One man bought a drink, then the other man went behind the counter and placed a knife at the clerk’s neck, cutting him. The man with the knife grabbed money from the cash register, and both men left the store. The incident was recorded on the store’s videocamera and the videotape was played for the jury.

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