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