The main issue in this case is not whether or not the state is charging the right man with the crime he committed, but what degree of crime to charge to defendant with. Don-Lee Grayson is appealing his conviction of robbery in the first degree, in hopes to be charged with the lesser, robbery in the third degree. The main argument in Grayson’s appeal is that he never actually displayed a gun to anyone in the Key Bank he robbed on July 16, 2012. Although Grayson never displayed a gun, he did hand the teller a note saying that he had a gun in his possession. Personally, I believe this is enough to merit a conviction of first-degree robbery. Grayson wanted to initiate fear in the teller by making her believe that he had a gun, and was willing to use it if she did not cooperate and hand over the …show more content…
I think the teller had conflicting stories of when Grayson had his hands in his pockets simply because she was flustered in the moment. I do not think that just because the teller said Grayson had his hands in his pockets the whole time he was standing in front of her, and then on the security tape it showed that he only had his hands in his pockets after he handed the teller the note saying he had a gun, makes the teller an unreliable source. I do not believe it matters how long Grayson had his hands in his pockets, or whether or not he thrust his hands forward in his pocket. In the moment, the teller only had the claims of Grayson to go off of, and he did in fact claim that he was in possession of a gun. The moment Grayson handed the bank teller the note that claimed he had a gun; the defenses argument of why his hands were in his pockets or how long his hands were in his pocket is no longer relevant, because of the note. From the moment the teller read that not, she was under the impression that Grayson had a