Submitted: Dec. 11, 2013.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below— Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 1201020817A.
Before HOLLAND, JACOBS and RIDGELY, Justices.
RANDY J. HOLLAND, Justice.
This 20th day of December 2013, it appears to the Court that:
1) The defendant-appellant, Lamott Stevenson (" Stevenson" ), appeals from a jury conviction in the Superior Court of two counts of Robbery in the First Degree, one count of Assault in the Second Degree, three counts of Possession of a Deadly Weapon During the Commission of a Felony, two counts of Possession of a Firearm During the Commission of a Felony, one count of Conspiracy in the Second Degree, and one count of Wearing a Disguise During the Commission of a Felony (" WDDCF" ).
2) Stevenson raises three claims of error in this direct appeal. First, he contends that the prosecutor made improper remarks during closing argument; second, he argues that the trial court abused its discretion when it admitted the medical records evidence of Bryant Brown (" Brown" ); and, third, he submits that the trial court erred when it denied Stevenson's Motion for Judgment of Acquittal for the charge of WDDCF.
3) On December 15, 2011, Michael Gallagher (" Michael" ) and his wife Kathleen Gallagher (" Kathleen" ) were attacked by three individuals wearing ski masks and hoods. Michael was hit over the head with a crowbar, rendering him unconscious. When Michael awoke, he saw two of the intruders descend the stairs. Using a gun he kept on top of the refrigerator, Michael fired four shots at the two intruders.
4) While Michael was unconscious, one of the intruders attacked Kathleen on the back deck with a gun. The intruder demanded that she give over her jewelry. This persisted until Michael's shots were heard from in the house, causing the Kathleen's attacker to flee.
5) The intruders left behind a recently-purchased crowbar, a ski mask, and a jewelry box with bullet holes in it. Police traced the crowbar to a sale that occurred at 3:02 PM on December 15th at the Ace Hardware store in Elton Park, Maryland. Based on the surveillance video from the Ace Hardware store, police discovered that the same person who made the 3:02 PM purchase also purchased a mini-sledge hammer on December 9th. In addition, police found that the customer traveled in a dark Crown Victoria registered to Brown and Johnmika Daniels (" Daniels" ) of New Castle, Delaware. Officers learned that Stevenson was listed as living at the same address as Brown and Daniels.
6) In the early morning of December 16th, a patient claiming to be Brown was admitted to the Crozer-Chester Hospital in Pennsylvania for gunshot wounds. Based on the hospital's surveillance video, police determined that the individual treated was Stevenson and not Brown. The video also showed Daniels picking up Stevenson after he was discharged. Back at the Gallaghers' home, police found blood stains in the street that matched Stevenson's DNA.
7) Stevenson was indicted on two counts of Robbery in the First Degree, one count of Assault in the Second Degree, three counts of Possession of a Deadly Weapon During the Commission of a Felony, two counts of Possession of a Firearm During the Commission of a Felony, one count of Conspiracy in the Second Degree, and one count of WDDCF.
8) At trial, the State argued that Stevenson was the patient " Bryant Brown," and had robbed and attacked the Gallaghers in conjunction with two unknown assailants. To prove that Stevenson was one of the assailants, the State presented surveillance footage, photo comparisons of Brown and ...