State v. Frierson
Annotate this CaseDefendant was charged of aggravated robbery and aggravated burglary for attacking Otis Webb at his home and stealing $950 from Webb’s pockets. During the altercation, Webb knocked a cap off the head of one of the attackers, and DNA collected from the cap connected Defendant to the incident. A jury found Defendant guilty on both counts. The court of appeals affirmed. The Supreme Court affirmed, holding (1) sufficient evidence, including testimony that Defendant intended to commit a theft as he “remained within” Webb’s house, proved the alternative means of aggravated burglary as charged by the State; (2) the district judge did not err by denying Defendant’s motion in limine to exclude the baseball cap from evidence or by ruling that there was a reasonable certainty the cap had not been materially altered; (3) the district court did not err in denying Defendant’s request to instruct the jury on battery as a lesser included offense of aggravated robbery; and (4) under the circumstances, the district court was not without jurisdiction to enter an order of restitution twenty-eight days after Defendant’s sentencing hearing.
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