People v. Byrd CA4/2

FACTS AND PROCEDURAL HISTORY

Defendant went into a convenience store. He took one can of beer from the beer

cooler and asked for one pack of cigarettes. When the clerk, S.C., rang up the purchases,

defendant took his hand out of his pocket; he was holding a gun. Defendant placed the

gun, still holding it with his hand, on the counter, pointed toward the clerk. Defendant

said, “‘Don’t move,’” and that he did not want to hurt the clerk. Defendant asked for the

money from the register. The clerk complied, and gave defendant some bills from the

cash register totaling less than $20. Defendant wanted money from a second register as

well. The second register had about $15 in it, which the clerk also gave to defendant.

Not wanting to alarm the other customers in the store, the clerk asked defendant if she

could put the items in a bag. Defendant said yes; the clerk bagged the cash and the

merchandise. Defendant took the bag and left the store.

The clerk telephoned the store manager, and then called 911. Sheriff’s deputies

responded to the robbery report. A short distance away, they found defendant walking

down the street. Defendant was carrying a distinctive plastic bag with…