State v. White

362 S.W.3d 559 (2012)

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Nature of the Case

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Facts

A robbery occurred at a White Castle Restaurant. D entered the restaurant and then hid in the men's restroom. Denise, the crew manager, and Penyatta were the only employees on duty. As Denise entered the women's restroom, D approached her from behind, forced her 'down on all fours,' and kicked her. The Defendant then took the set of keys off of her right arm, ordered her to remain in the restroom, and walked to the employee area in the back of the restaurant where the safe was located. D returned and asked Denise if she had other keys. She responded that they were in her pocket. D pointed a gun to the back of her head and directed her to the employee area where Penyatta was unsuccessfully attempting to open the safe. Denise used her key to gain entry to the safe. D took a computer monitor, cell phones, and $1,400.00 in cash. D directed the two women to lie down on the floor and wait eight or nine minutes. After following his instructions, they walked to a nearby Wal-Mart to report the crime. The police eventually focused on D as the suspect. D was indicted for burglary, aggravated robbery, and especially aggravated kidnapping. D voluntarily surrendered to the police. Penyatta, who previously pleaded guilty to accessory after the fact to the robbery, appeared as a witness for the State. D was found guilty of burglary, aggravated robbery, and especially aggravated kidnapping. D appealed, and the Court reversed and dismissed the conviction for kidnapping. P appealed.