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Appellate court hears challenge to aggravated-robbery evidence and dual theft convictions
Summary
At oral argument in an appeal by Antwan Wyly, defense counsel urged that evidence was insufficient to prove a deadly weapon and asked the court to merge a theft conviction with an aggravated-robbery conviction; the state defended the convictions and argued plain-error review barred relief.
An appellate panel heard oral arguments in the appeal of Antwan Wyly on claims that evidence was insufficient to support an aggravated-robbery conviction and that a separate theft conviction should merge with the aggravated-robbery conviction.
The appeal centers on a Dollar General robbery in which the store clerk, Grace Cheney, testified she feared the robber was armed after he entered wearing a mask, placed a hand near his waistband and demanded money. Appellant's counsel argued there was no direct or sufficient nonverbal threat to support an aggravated-robbery conviction and asked the court to merge the theft conviction into the aggravated-robbery conviction. Ryan Davis, arguing for the state, urged the court to affirm the trial court.
The dispute over the aggravated-robbery charge turned on the two-prong test applied in Tennessee when…
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