Spencer v. State, 30 A.3d 891

Spencer was convicted of robbery, theft over $500, and second degree assault; sentencing merged the theft and assault into robbery-focused sentencing.
On December 26, 2006, Spencer, with an accomplice, entered a Jiffy Lube and confronted the cashier, saying 'Don't say nothing.'
The cashier handed over the cash drawer; no weapon was displayed and no physical aggression was described.
Trial evidence included the cashier's testimony that he felt 'not taking no chances' but there was no description of Spencer's clothing or any threat beyond the statement.
The Court of Special Appeals affirmed the robbery conviction; certiorari was granted by this Court.
The issue centers on whether the conduct and words used by Spencer satisfied the common-law element of intimidation or force required to prove robbery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves force or intimidation to sustain robbery	Spencer argues no proof of intimidation; the words did not convey a threat of force.	State contends that the conduct and context could satisfy intimidation under the common-law standard.	Evidence insufficient; no reasonable basis to find intimidation beyond mere words.

West v. State, 312 Md. 197 (1988) (distinguishes robbery from theft when no intimidation is shown)
Dixon v. State, 302 Md. 447 (1985) (uses objective test for intimidation; notes weapon/pose can infer threat)
Coles v. State, 374 Md. 114 (2003) (upholds robbery where intimidating demand or weapon concealment is evident)
Cooper v. State, 9 Md.App. 478 (1970) (requires intimidation beyond mere force to take from person)
Hayes v. State, 211 Md. 111 (1956) (adopts objective standard for intimidation; need not prove actual fear)
Lyles v. State, 10 Md.App. 265 (1970) (test for intimidation when showing intent to apply force)
United States v. Alsop, 479 F.2d 65 (1973) (federal guidance on standard for intimidation in taking)