State v. Gregory

ERWIN, Judge.

Defendant raises several questions on this appeal. We will first consider his argument that the trial court should have granted his motion for judgment as of nonsuit as to robbery with a firearm, contending that at most, State’s evidence tends to show that defendant was an accessory. He maintains that the evidence shows that he was neither physically nor constructively present at the scene during the robbery. We conclude that the evidence, considered in the light most favorable to the State, supports his constructive presence. Actual distance from the scene is not always…