Russell v. State

This appeal arises from a jury verdict finding Charles Russell guilty of False Imprisonment, Robbery with a Deadly Weapon, and Trespass. For the reasons outlined below, we reverse the false imprisonment conviction and instruct the trial court, on remand, to resentenee Russell and enter an order in compliance with this opinion.

On August 7, 2001, around 7:00 in the morning, a drive-through convenience store clerk was working in his store. He went outside to check on an ice machine. As he began heading back inside through the western door, he saw two men with masks running toward the eastern…