Phillips v. State

Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of the offense of robbery. The sole point on appeal challenges the sufficiency of the evidence to support the judgment appealed.

Appellant’s primary contention is premised upon the fact that the identifying victim of the robbery testified on cross-examination that he did not recall seeing a scar on appellant’s face, a gap in his front teeth, or that he wore a mustache at the time the robbery was committed, whereas all three physical characteristics were in fact present at that time. The…