how do I make this a sample case brief

State v. Cantor

Christie, C.J.

In the lower court, the appellant was prosecuted for violation of State Statute 144.34, which state that "anyone who commits an act of robbery shall be guilty of a third degree felony and shall be punishable by a maximum penalty of no more than a $5,000.00 fine or 5 years incarceration."

The essential facts of the case are not in dispute.On the night of February 16, 1997, the appellant entered the 7-11 on the corner of Hilton Drive and Falmouth Avenue in downtown Fairfield.He threatened the cashier with a handgun and demanded all of the money in the cash register.There were 17 other people in the store, and the appellant demanded that everyone lie down on the floor with his or her face down.Furthermore, he said that anyone would be shot if they moved. Once the cash register was cleaned out, the appellant ran out of the store, jumped into a later model Chevrolet, and vanished.None of the people in the store were injured in any way, and he escaped from the store with approximately $975.00 in case.The appellant managed to get about 10 miles away before he was apprehended by a police officer who had heard of the robbery on an all points bulletin in his police car. Eleven of the people in the store subsequently identified the appellant in a line-up.The appellant was subsequently convicted in District Court.

The attorney for the appellant contends for the purposes of argument that her client may have been guilty of larceny, but he was not guilty of robbery.She furthermore argues that since robbery is larceny with violence, and that since the appellant never actually injured the cashier, there is no criminal responsibility here. With this contention we cannot agree.One can be responsible for robbery if the state is able to prove that the wrongdoer actually committed an act of violence or forced the victim in apprehension of violence.When the appellant entered the store and waived the gun at the cashier, that act alone would infer a reasonable apprehension of violence.

Affirmed.MILLER and SANDSTONE, JJ concur.