300 P.3d 1291
Utah Ct. App.2013Background
- Ring was convicted of robbery and assault after punching the victim, taking her cell phone, and attempting to flee the store.
- On appeal, Ring contends the evidence is insufficient to prove each offense beyond a reasonable doubt.
- The appellate standard requires reviewing the evidence in the light most favorable to the verdict and resolving conflicts in favor of the jury.
- The State proved Ring intentionally took the phone by force and kept possession while fleeing; this supports the robbery conviction even if the taking was temporary.
- Ring argues the intent to permanently deprive was lacking, and thus the robbery element fails; the State contends the statute requires depriving either permanently or temporarily.
- Ring also challenges the assault conviction, arguing self-defense because the victim allegedly threw a bottle after he spat in her face; the court finds the force used was not for self-defense and supports the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence of robbery element? | Ring argues no intent to permanently deprive. | State argues intent to deprive temporarily suffices under statute. | Sufficient evidence; temporary deprivation allowed. |
| Is there sufficient evidence of assault? | Ring claims self-defense justified force. | Victim turned away; no imminent threat; Ring aggressor. | Sufficient evidence; not justified as self-defense. |
Key Cases Cited
- State v. Shumway, 63 P.3d 94 (Utah Supreme Court 2002) (set forth standard for sufficiency review of evidence)
- State v. Boyd, 25 P.3d 985 (Utah Supreme Court 2001) (establishes favorable-inference approach to sufficiency)
- State v. Workman, 852 P.2d 981 (Utah 1993) (requires appellate court not to reassess credibility or reweigh evidence)
