Commonwealth v. Jones

591 S.E.2d 68 (2004)

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Nature of the Case

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Facts

D entered Shoe Carnival and the store manager, immediately began to watch D through a video camera because D previously had stolen merchandise from the store. D was observed putting a pair of boots in his pants and walking out of the store. D neither paid for the boots nor had permission to take them. The manager approached D in 'the store's parking lot.' When he was 'a little less than ten feet' from D, he asked D to return the boots. D denied having the boots. The manager told D he had seen D put the boots in his pants. D pulled a firearm from a pocket of his jacket, pointed it at the manager, and said, 'You better back off me.' The manager ran and hid behind a parked vehicle. D then fled in a nearby car. D was convicted of robbery and of use of a firearm in the commission of robbery. On appeal, D contended that, as a matter of law, the evidence was insufficient to support the robbery conviction. D's theory was that he had carried the hidden boots from the store to the parking which was enough to sever the boots from the store's possession. Thus, when he pulled the gun, it was not robbery. The Court of Appeals reversed both convictions. P appealed.