The Baltimore Sun reports that the Maryland Court of Appeals has sent a case back to Baltimore County Circuit Court after they found that there was insufficient evidence to convict a man of robbery. The conviction stems from an incident that occurred in 2006 when the convicted man allegedly walked into a Jiffy Lube and told the clerk to “don’t say nothing.” Although the man did not brandish a weapon, the clerk immediately handed the man the money in his till and reported a robbery.
The man was convicted of robbery and, based on his two prior felony robbery convictions, was sentenced to 25 years without the possibility of parole. The man appealed his sentence and argued that the evidence was not sufficient to support his third felony robbery conviction. The judges on the appeals court discussed what robbery actually means and came to the conclusion that an ordinary, reasonable person would not have felt apprehension that the suspect was about to apply force since he did not use a weapon or make any threats. The judges ruled that something more than the man’s statement is needed to meet the legal standard for robbery.
In a case like this, having the right Maryland criminal defense attorney is crucial. An experienced attorney will know how to handle this type of appeal and may help get a conviction overturned or at least have a case sent back to a lower court. The criminal defense attorneys in Maryland at Alpert Schreyer have extensive experience helping those charged with robbery and other felonies. If you need help defending yourself against criminal charges, contact us at (866) 444-6363 to schedule a free review of your case.