Read the prompt, review the case, and then decide whether enough evidence exists to meet the burden of proof.
The defendant was convicted of third-degree robbery, which requires a threat of immediate use of physical force. The defendant entered a McDonald’s restaurant twenty minutes before closing dressed in sunglasses, a leather jacket, and a bandana that covered his hair. The defendant beckoned the clerk and thereafter demanded that she put money from different cash register drawers into his bag. The defendant did not appear armed, nor did he raise his voice or verbally threaten the clerk. Is this sufficient evidence to prove beyond a reasonable doubt that the defendant threatened immediate use of physical force? Read State v. Hall, 966 P.2d 208 (1998). The case is available at this link: http://www.publications.ojd.state.or.us/docs/S44712.htmLinks to an external site..
