State v. Johnson

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Denen L.
Johnson, Appellant

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2011-UP-008

Submitted January 1, 2011 – Filed January
24, 2011

AFFIRMED

Appellate Defender Elizabeth A.
Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and
Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Denen L. Johnson appeals his conviction for armed robbery, arguing the circuit court erroneously denied his
motion for a directed verdict.  He contends the victim's subjective belief was
insufficient evidence to show he was armed or tried to induce the belief he was
armed.  We affirm.[1]

An appellate court reviews
the denial of a directed verdict by viewing the evidence and all reasonable
inferences in the light most favorable to the State.  State v. Weston,
367 S.C. 279, 292, 625 S.E.2d 641, 648 (2006).  "If there is any direct
evidence or any substantial circumstantial evidence reasonably tending to prove
the guilt of the accused, [an appellate court] must find the case was properly
submitted to the jury."  Id. at 292-93, 625 S.E.2d at 648.  The
circuit court may not consider the weight of the evidence.  Id. at 292,
625 S.E.2d at 648.

Robbery rises to armed robbery on the occurrence of one of two additional
elements: (1) that the robber was "armed with a pistol . . . or other
deadly weapon" or (2) that the robber "alleg[ed], either by action or
words, he was armed while using a representation of a deadly weapon or any
object which a person present during the commission of the robbery reasonably
believed to be a deadly weapon."  S.C. Code Ann. § 16-11-330(A) (2003); State
v. Dodd, 354 S.C. 13, 17, 579 S.E.2d 331, 333 (Ct. App. 2003).  A jury may
infer the presence of a deadly weapon from circumstantial evidence.  State
v. Muldrow, 348 S.C. 264, 268, 599 S.E.2d 847, 849 (2002).  However, if
there is insufficient evidence the robber was armed with a deadly weapon, the
second prong of the armed robbery statute "ensures that the use of [an]
object which is in fact not a deadly weapon will support a conviction for armed
robbery."  Id. at 269, 599 S.E.2d at 850.  A jury can conclude that
a defendant was "armed under the requisite circumstances without having to
conclude that he was, in fact, so armed."  State v. Jones, 342 S.C.
248, 253, 536 S.E.2d 396, 398 (Ct. App. 2000).

Here, the State
presented sufficient evidence to meet both prongs of the armed robbery
statute.  Contrary to Johnson's assertion, the victim's subjective belief was
not the State's only evidence relevant to the armed robbery charge.  Rather,
the State's evidence included the robbery note, the surveillance video, and the
victim's testimony of her observations during the robbery.  The evidence showed
that Johnson told the victim he would hurt her if she did not comply with his
demands and put his hand under his shirt as if he was pointing an object toward
her.  Moreover, the victim testified she thought he was armed with a gun. 
Therefore, sufficient evidence existed for a jury to reasonably infer Johnson
was armed with a deadly weapon.  Furthermore, the State's evidence sufficiently
showed Johnson alleged or purported he was armed while using either a
representation of or an object reasonably believed to be a deadly weapon.  Accordingly,
the decision of the circuit court is

AFFIRMED.

FEW, C.J.,
SHORT and WILLIAMS, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.