State v. Rolon, 45 A.3d 518

Defendant Nelson Rolon was convicted of first-degree robbery for stealing an elderly woman's purse in a supermarket parking lot.
The state did not call Irene Joseph, the victim, as a trial witness due to her being 89 and in a nursing home; six witnesses testified.
Physical evidence included two purse strap fragments with cut marks and a knife found in a bag held by a witness for the defendant.
Witnesses placed the defendant with a Hyundai Santa Fe and connected him to the time and places of the incident via multiple statements and timelines.
The defense moved for judgment of acquittal arguing insufficient evidence of force; the trial judge denied it, and the jury convicted.
On appeal, the Rhode Island Supreme Court affirmed, holding the evidence supported the force element; a dissent argued no proof of force or fear.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves the force element of robbery	Rolon: evidence insufficient to show force beyond taking the purse itself	Rolon: no proof of fear or force directed at Joseph at the moment of taking	Yes; sufficient evidence supports force and robbery beyond a reasonable doubt
Whether the trial court properly denied the judgment of acquittal under Rule 29	State: the circumstantial evidence and physical exhibits permit inference of force	Rolon: no evidence of fear or violence; inference of force is speculative	Denied; evidence viewed in light of proceeds supports force inference

State v. Robertson, 740 A.2d 330 (R.I.1999) (snatching may support robbery if attached to victim and affords resistance)
State v. Reposa, 206 A.2d 213 (R.I.1965) (robbery elements and force distinction)
State v. Froais, 653 A.2d 735 (R.I.1995) (robbery requires force or intimidation beyond larceny)
State v. Briggs, 787 A.2d 479 (R.I.2001) (larceny is a lesser included offense of robbery)
State v. Brown, 9 A.3d 1232 (R.I.2010) (definition of robbery includes taking by violence or fear)
State v. Domanski, 190 A.854 (R.I.1937) (robbery distinguished from larceny by force or fear)
In re Derek, 448 A.2d 765 (R.I.1982) (convictions may not rest on conjecture and surmise)
Carnevale v. Smith, 404 A.2d 836 (R.I.1979) (trestment of conjecture standard in evidence)
Waldman v. Shipyard Marina, 230 A.2d 841 (R.I.1967) (evidentiary sufficiency and weighing of evidence)
State v. Caba, 887 A.2d 370 (R.I.2005) (standard for reviewing denial of acquittal)
State v. Snow, 670 A.2d 239 (R.I.1996) (view evidence in light favorable to state for Rule 29)