S. Ct. Crim. No. 2010-0028

In a prosecution for robbery, assault, and related charges of unauthorized possession or use of a firearm during commission of a crime of violence, the trial court did not err in denying the defendant's motion for acquittal based on the claimed insufficiency of the evidence to sustain the first degree robbery and related firearms conviction. Credibility determinations about the evidence were within the province of the jury, and eyewitness testimony of the victim placed defendant at the scene of the attack with a gun in his hand, participating in the robbery and shooting. Evidence was presented sufficient to prove that the defendant or another perpetrator of the crime took personal property in the victim's possession, from his person or immediate presence, against his will, by means of force or fear, while displaying, using, or threatening the use of a dangerous weapon, all as provided in 14 V.I.C. §§ 1861 and 1862(2). Nor did the Superior Court abuse its discretion in ordering the defendant to stand in front of the jury so that they could view in close proximity a scar under his left eye which figured in the identification testimony of the victim, a brief process that was not shown to have prejudiced the defendant. The trial court's June 11, 2010 Judgment and Commitment are affirmed.