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State of Tennessee v. Maka Fuller, Jr.
W2016-02480-CCA-R3-CD
| Tenn. Crim. App. | Aug 31, 2017
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Background

  • Defendant Maka Fuller, Jr. was indicted for aggravated robbery after approaching a woman at a bank drive‑thru ATM, covering his face, wrapping his right hand in a shirt, and taking $80 from her lap.
  • Victim testified Defendant said he was going to rob her, pointed his wrapped hand (which she believed was a gun) at her, and she feared being killed; surveillance video corroborated the encounter.
  • Defendant was identified from the video, gave a signed statement admitting he ran up to the car with a shirt wrapped on his hand and took the money, and later testified he had no gun and was "young and dumb."
  • At trial the jury convicted Defendant of aggravated robbery; the trial court sentenced him to 11 years in prison.
  • On appeal Defendant challenged sufficiency of the evidence, arguing the State failed to prove the victim reasonably believed he was armed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence proved robbery was "accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon" State: Victim reasonably believed the wrapped hand concealed a gun; testimony and video support aggravated robbery Fuller: No actual weapon shown; victim only suspected, so aggravated element not proven Court affirmed: jury could credit victim; cloth fashioned on hand was sufficient to create reasonable belief a weapon was present, supporting aggravated robbery

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (established standard for appellate review of sufficiency of the evidence)
  • State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004) (discusses standard of review and giving State strongest legitimate view of evidence)
  • State v. Davenport, 973 S.W.2d 283 (Tenn. Crim. App. 1998) (upheld aggravated robbery where defendant fashioned a rag over an empty hand to appear armed)
  • State v. Carruthers, 35 S.W.3d 516 (Tenn. 2000) (discusses burden on convicted defendant to show evidence insufficient)
Read the full case

Case Details

Case Name: State of Tennessee v. Maka Fuller, Jr.
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Aug 31, 2017
Docket Number: W2016-02480-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.