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Gray v. State

903 N.E.2d 940 (2009)

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Gray v. State

Indiana Supreme Court

903 N.E.2d 940 (2009)

Facts

Tony Gray (defendant) robbed an Arby’s restaurant and then robbed a Long John Silver’s restaurant a few days later. During the Arby’s robbery, Gray kept his hand in his jacket pocket, in which a black handle was visible, and told store employees no one would get hurt if they cooperated with him. Gray escaped the Arby’s with approximately $1,000. During the Long John Silver’s robbery, Gray again had something in his pocket and indicated to employees that he had a gun, telling the store manager that if he failed to cooperate, “you’re going to end up getting yourself shot.” After Gray fled the Long John Silver’s, he was almost immediately apprehended by police. Gray was in police control within approximately 10 seconds and 200 feet from the crime. The police did not find a gun anywhere on Gray’s person, in his car, or in the vicinity, but they found an electric shaver in Gray’s jacket pocket. Gray was convicted of two counts of armed robbery, among other charges. Gray appealed, alleging there was insufficient evidence to prove he was armed with a deadly weapon during either robbery.

Rule of Law

Issue

Holding and Reasoning (Boehm, J.)

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