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State v. Rollen12/2/2003
Introduction
Paul Rollen (Defendant) appeals from a judgment of conviction of one count of robbery in the first degree, two counts of felony murder in the second degree, and three counts of armed criminal action. Defendant challenges the sufficiency of the evidence for conviction of one of the felony murder counts and one of the armed criminal action counts because the counts applied to the unborn child of Brandi Roussin (Victim). Associated with this claim of error, we must decide whether or not an unborn child is a "person" for purposes of the felony murder in the second degree statute. Defendant also alleges that the trial court plainly erred in failing to compel a witness to testify after the witness asserted his Fifth Amendment privilege against self-incrimination, though the witness already had pled guilty to the charged offenses. We affirm.
Factual and Procedural Background
Viewed in the light most favorable to the verdict, the evidence presented at trial established the following relevant facts. Defendant worked at a convenience store from April to October 19, 2000, at which time he was fired from his job due to shortages in his cash drawer. Victim, the assistant manager of the convenience store, played a role in Defendant's firing. In the last week of October 2000, Victim was seventeen weeks pregnant.
As part of her duties, Victim would deposit the money received by the store at a bank. She put the money in a bank bag and then placed that bag in a brown paper bag to conceal the bank bag. On Sundays, Victim's routine would be to take the deposit to the bank at around 2:00 p.m. when she finished work. She drove her gray Cutlass, which was always parked in the same parking space outside the store, to the bank. The employees of the store knew Victim's routine. On one Sunday, Defendant accompanied Victim on this task because she gave him a ride home. Defendant lived about a mile from the store.
On October 26, 2000, Defendant went to the store to pick up his last paycheck. He became irate and started yelling after an employee told him that he would have to wait until she got a hold of Victim, who was not present, because Victim was the only one who could give him his check. Eventually, the employee gave Defendant his check. Defendant became angry again when he noticed that the amount of his check was for less than he had expected. He yelled "If you mother _ _ _ _ _ _ _ want to play games I will play some _ _ _ _ _ _' games. I will be back."
On Sunday, October 29, 2000, a few minutes before 2:00 p.m., Defendant went to the store. He bought a bag of potato chips and spoke with the cashier about his insurance when he worked at the store. The cashier said that Victim was in the back room and Defendant could go back there to speak with her. Defendant, who previously had been friendly and talkative with other store employees, was solemn, quiet, and had a "cold look" on his face. After speaking with Victim, Defendant left the store.
As Defendant went to his car, he nodded at Donnell Williams (Williams), a black male, who was sitting in a four-door maroon car with no license plates and a temporary tag in the rear window parked next to Victim's car. The front of Williams' car was facing the store. Defendant got into his car and drove to the tire air pump located in the store lot, where he got out of and stood against his car.
A couple minutes after Defendant exited the store, Victim left the store with the bag for the bank. When she reached her car, Williams pointed a handgun at Victim and fired a single gunshot into her chest. Williams then drove his car to where Victim dropped the bag for the bank, picked
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