Estrada v. State - 400 So. 2d 562 (Fla. Dist. Ct. App. 1981)

Rule:

The state's circumstantial evidence relevant to the defendant's intent to participate in the subject aggravated assault as an aider and abetter was, in any event, sufficient to withstand a motion for judgment of acquittal as it established that the defendant: (a) was the driver of the get-away car in a gas station holdup; (b) drove the said car into the gas station prior to the holdup and hid the car behind a wall on the gas station property so that the car could not be seen from the street or from inside the building on the gas station property; (c) waited while his two companions in the car got out and committed a robbery with a firearm upon the attendant at the gas station; and, (d) hastily fled the scene in the car with his two companions after the robbery was committed, and was caught shortly thereafter with the fruits and instrumentalities of the robbery plainly visible to all in the car, see e. g., Lynch v. State, 293 So.2d 44 (Fla. 1974); Amato v. State, 296 So.2d 609, 610 (Fla. 3d DCA 1974).

Facts:

Guillermo Estrada, the get-away driver for a gas station holdup, was charged with robbery with a firearm, and he was convicted on the lesser-included offense of aggravated assault.  On appeal, Estrada argued that the State of Florida’s evidence was insufficient to establish that he intended to participate in the subject aggravated assault as an aider and abettor. 

Issue:

Was Estrada’s conviction proper?

Answer:

Yes.

Conclusion:

The court affirmed, holding that Estrada had failed to preserve the argument for appeal by failing to make motions below for judgment of acquittal and for a new trial. The court also held that, in any event, the State’s circumstantial evidence was sufficient to prove intent because it showed that Estrada operated a motor vehicle in a way calculated to aid and abet the gas station robbery, hastily fled the scene in the car with his two companions after the robbery was committed, and was caught shortly thereafter with the fruits and instrumentalities of the robbery plainly visible to all in the car.