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Brown v. State

The trial court's slip of the tongue in charging the jury on armed robbery did not contribute to the verdict, given the trial court's instruction as a whole on the state's burden of proving the crime as charged in the indictment.

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Lorenzo Brown was convicted of armed robbery and sentenced as a recidivist to 20 years imprisonment without possibility of parole. Following denial of his motion for new trial, he appeals his conviction. Brown claims that he was entitled to a new trial because the trial court erred in its jury charge on armed robbery and in its comments on the fairness of the photographic lineup, and because his trial counsel was ineffective. We find no harmful error and affirm.

State’s evidence showed that Cathy Fugatt was employed in a clerical position at the Columbus Police Department and as a cashier at a gas station in Columbus. A man appeared at the gas station while Fugatt was working there, brandished a knife, held it to her throat, and took money from the cash register. Six days later, Fugatt observed Brown seated in a patrol car outside the police station. Although she did not get a good look at Brown, she thought he appeared familiar. When Brown was taken inside the station house, Fugatt got a better view of him and recognized him as the person who had robbed her. She informed a police sergeant, who instructed a detective to compile a photographic lineup and show it to her. Upon viewing the photographic array, Fugatt positively identified Brown as the robber.

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