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Criminal Law keyed to Dripps
Tyner v. State
Facts
Rayland Ladon Tyner (Defendant) robbed a Sonic restaurant at gunpoint and was charged with aggravated robbery. At trial, Defendant testified that he committed the robbery under duress. Defendant said he had been selling drugs in some apartments on a rival gang’s turf. Three men from the rival gang pulled up in a car, pointed a gun at Defendant and told him to get in the car or else they would harm his pregnant wife whom they claimed to be holding captive. Because the men claimed that they had lost money as a result of Defendant doing business on their turf, they pulled into the Sonic parking lot and told Defendant to rob the restaurant and give them the money. After Defendant got out of the car, one of the men told him to “think about your baby mama while you’re in there. She can still go into labor at any time.” Defendant asked a Sonic employee for the money which was given to Defendant in a bag. The men drove away as the police arrived and arrested Defendant. The trial court refused to include Defendant’s requested jury instruction on the law of duress. Defendant was convicted and he appealed.
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