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Nelson v. State

The trial court properly admitted defendant's prior robbery by force conviction, since the fact that it occurred 11 years ago did not make it dissimilar to the present armed robbery charges against him.

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Robert Edward Nelson was convicted of two counts of armed robbery and two counts of possession of a firearm during the commission of a felony. Following the denial of his motion for new trial, Nelson filed this appeal, enumerating eleven errors, most of which concern the trial court’s evidentiary rulings. Having determined that no reversible error occurred, we affirm.

The underlying case arose after two “very loud, very boisterous” masked men entered the Candler Federal Credit Union.1 After forcing all the customers to lie on the floor, they robbed the bank at gunpoint. They were agitated, insistent, and one emphatically brandished a pistol. One robber, later identified as Nelson, confronted the lead teller, placed a mesh bag in front of her, then demanded money. Due to that teller’s extremely close contact with Nelson, she was able to discern his facial features through the stocking mask and later identified him. The second man pointed a gun directly at the teller’s face and ordered her to “back up, b-h.” After the lead teller complied, this same assailant demanded money from another teller.

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