Nature of the Case
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Facts
Campbell, was working as a cashier in a gasoline station convenience store. D entered the store and came up to the counter as if to make a purchase. He then asked the victim if she could give him the money in the cash register. The victim did not think the defendant was serious, and she jokingly told him she could not do that because she would 'get in trouble.' D walked around the counter and, standing directly beside the victim, told her to open the register. He told her not to move because he had a gun, and he threatened to shoot if she 'tried anything.' Campbell could see that D had an object under his jacket, and he put his right hand on it a few times. She could see the very tip of the object, about one-half to one inch of it at most, protruding out the top of the jacket. She said it looked like the end of 'two sticks coming up, like wooden sticks.' She was not certain exactly what the object was. D removed $170 in cash from the register. D told Campbell to follow him and she did because she was scared that D was going to shoot her. They walked down the street and through the parking lot of a nearby school. At one point, D turned around and grabbed Campbell by the hands, forcing her to walk next to him. After walking for about five to ten minutes, D told Campbell to turn around and run back to the store. She did and called the police. A police officer found a wooden object in the roadway, about 200 to 300 yards away from the store. It was a replica of a double-barrel shotgun, with two wooden dowels in place of the barrels, a wood stock, and a clothespin to replicate the hammer. The replica gun was identified by Campbell as the object she had seen protruding from D's jacket. Three days later, Campbell was stopped at a red light when she Dt walk by her car. She recognized him, contacted the police immediately, and D was apprehended shortly thereafter. D was convicted and appealed.
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