Ben v. State

OTT, Acting Chief Judge.

A jury convicted the appellant for robbery. He appeals the trial court’s denial of his motion for judgment of acquittal, arguing that he was not guilty of robbery because there was no force used until after the actual taking. We disagree and affirm.

Appellant was observed by Holcomb, a Maas Brothers security guard, as he selected several shirts and took them into the men’s fitting room. Holcomb followed the appellant into the fitting room and observed him stuff the shirts under his pants. The appellant then left the store with a woman companion. Holcomb approached them,…