State v. Keeton

710 N.W.2d 531 (2006)

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Nature of the Case

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Facts

D entered a convenience store and purchased a pack of cigarettes. The store clerk opened the cash register drawer to make change, and D reached over the counter and grabbed a twenty-dollar bill from the register. D then attempted to exit the store. The clerk blocked his path by standing in front of the double doors. She also tried to grab the cash from D's hand as he approached. D would not release the money from his hand. Their hands touched when she attempted to retrieve the money. D briefly backed away from the door and extended his arm. The clerk stepped aside to allow D to leave the store. D began to walk toward the clerk with his hand extended, holding the money. When the clerk stepped aside, he then pulled his hand to his chest. The clerk snatched the hat from his head in anger. The incident was recorded by surveillance video. At a bench trial, D was found guilty of second-degree robbery. D appealed. D claimed that there was insufficient evidence of an assault.