Anderson v. State

Reginald R. Anderson was convicted of armed robbery and motor vehicle hijacking. Following an order authorizing an out-of-time appeal, Anderson filed this appeal in which he challenges the sufficiency of the evidence for both convictions. He also claims that the imposition of mandatory minimum sentencing is unjust and distorts the trial court’s discretion to conduct “humane sentencing.” After review of these issues, we affirm.

On appeal, the evidence must be viewed in a light most favorable to the verdict and Anderson no longer enjoys the presumption of innocence.1 The evidence, when viewed in that way, established that the victim, T. E., was robbed at gunpoint by Anderson and another assailant. Wearing bandanas that only partially obscured their faces, Anderson and his companion grabbed the victim at night as she was attempting to leave a Fina station. Placing a gun against her neck, Anderson warned her to “shut up, b.” Anderson then handed the pistol to the other man and told him to hold her there while he unlocked her car. Despite being “scared to death,” T. E. adamantly refused to go with the men to the back of the building as they sought. They fled after stealing T. E.’s car, wallet, and pager. When describing her attackers to police, T. E. provided specific details about Anderson’s age, nose, ears, skin tone, height, weight, and clothing. She remembered the weapon as being an older handgun with a long barrel.