Ellenburg v. State

Justice MOORE:

This case is before us on a writ of certiorari to review the lower court’s order granting post-conviction relief (PCR). We reverse.

FACTS

Respondent was convicted of safecracking, second degree burglary, and petit larceny for robbing a Subway Sandwich Shop where he was formerly employed. The robbery occurred on April 29, 1997, after the store closed and the last employee had left at 1:15 a.m. The store alarm set automatically at 2:00 a.m. and there was no sign of a break-in. The cash register indicated that it had been opened at 1:44 a.m. More than $400 was taken from the cash…