Parnell

Defendant, Jeramian Preston Parnell, was convicted by jury of felony murder and attempted robbery and sentenced to life imprisonment without possibility of parole. His appeal challenges his convictions and the restitution order made part of his sentence. We affirm the convictions and remand the matter to the trial court for a redetermination as to restitution.

Facts and Proceedings Below

Defendant entered a restaurant, sat at the counter and ordered a cup of coffee. After being served defendant got up and went over to the cashier, Glenn Willis. One of the waitresses saw defendant open his jacket, pull a gun from his waist and point it at Mr. Willis’s stomach. She heard defendant say to Mr. Willis, “I am going to shoot you. Give me the money and put it in the bag.” Another waitress heard defendant say, “Give me the money and get a bag.” While Mr. Willis was kneeling down behind the counter where the bags for food to go were kept defendant shot him in the chest. Defendant then walked from the dining area of the restaurant into the bar. He ran to the front door where he hesitated, turned around and pointed a gun toward the bar. After standing there a few seconds he fled…