State v. Kelvin Williams (A-8-12)
To find a defendant guilty of first-degree robbery in a simulated deadly-weapon case, the victim must have an actual and reasonable belief that the defendant threatened the immediate use of such a weapon, which factfinders must ascertain through application of a totality-of-the-circumstances standard, which includes consideration of the nature of any verbal threat, the defendant’s conduct, his dress, and any other relevant factors. Applying that standard here, defendant’s words, conduct, and clothing provided sufficient evidence for a reasonable jury to convict defendant of first-degree robbery.
To find a defendant guilty of first-degree robbery in a simulated deadly-weapon case, the victim must have an actual and reasonable belief that the defendant threatened the immediate use of such a weapon, which factfinders must ascertain through application of a totality-of-the-circumstances standard, which includes consideration of the nature of any verbal threat, the defendant’s conduct, his dress, and any other relevant factors. Applying that standard here, defendant’s words, conduct, and clothing provided sufficient evidence for a reasonable jury to convict defendant of first-degree robbery.
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