Spencer v. State
Annotate this CasePetitioner Erick Spencer was convicted of robbery, theft over $500, and second degree assault. On appeal, Spencer challenged the sufficiency of the evidence to sustain his robbery conviction. The Court of Appeals reversed the robbery conviction, holding that the State failed to prove an essential element of the crime of robbery. Although the State in this case presented evidence showing that Spencer entered an automobile service center and stated to the cashier, "Don't say nothing," there was no evidence that Spencer conducted himself in a manner that could cause apprehension in a reasonable person that Spencer was about to apply force. Remanded.
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