District Court, West Jordan Department The Honorable L.
Douglas Hogan No. 171400213
L. Welch and Owen N. Stewart, Attorneys for Appellant.
D. Reyes and Jeffrey S. Gray, Attorneys for Appellee.
Diana Hagen authored this Opinion, in which Judges David N.
Mortensen and Ryan M. Harris concurred.
Mario Brian Quintana appeals his convictions for one count of
aggravated robbery and one count of robbery. Specifically, he
argues that the State presented insufficient evidence to
prove (1) his identity as the person who robbed a hotel at
gunpoint (aggravated robbery count), or (2) his use of force
or fear to take a woman's car keys to aid his escape
(robbery count). Because a jury could reasonably find that
the evidence supported his convictions for both aggravated
robbery and robbery, we affirm.
An individual brandishing a handgun-style BB gun entered the
lobby of a hotel in Taylorsville, Utah, pointed the gun at
the front desk receptionist, and yelled at her, "Give me
your fucking money." The robber was wearing a black mask
up to his nose, black and white gloves, white and red shoes,
and a zippered hoodie with a Batman costume design and fabric
ears on the hood. The receptionist immediately ran out of the
building through an employee lunchroom behind the lobby.
The robber jumped over the front desk, entered a back room,
and took the receptionist's handbag. Returning to the
front desk with the handbag, the robber set the BB gun on the
counter and emptied the contents of the cash register drawer
onto the floor and into the handbag. He then exited through
the front door of the lobby, leaving the gun behind.
From the side of the building, the receptionist observed the
robber run out of the hotel in the direction of a nearby
coffee shop. Moments later, the receptionist returned to the
front desk called 911.
After receiving a dispatch call that someone in a black
jacket and black pants had robbed the hotel, law enforcement
officers arrived on scene and began to search the area for
the robber. As one officer searched the area surrounding the
hotel, he was directed to a blond woman walking nearby whom
bystanders had observed running across the street with the
robber. When asked about the robber's whereabouts, the
woman directed law enforcement toward a nearby coffee shop.
When the uniformed officer arrived at the coffee shop, an
employee directed him to an alleyway next to the coffee shop.
According to the coffee shop employee, near the time of the
robbery, customers in the drive-thru line were honking their
horns and motioning toward someone running past them toward
In the alleyway, the officer found a man-later identified as
Quintana-lying on the ground behind a barricade near a
dumpster. The man jumped up as the officer approached. The
officer ordered him to stop and get back on the ground, but
Quintana refused and ran. The officer pursued him over a
retaining wall, past a bank, and into a grocery store parking
In the grocery store parking lot, multiple law enforcement
officers observed Quintana run toward two women and a child.
As Quintana approached the women and child, multiple
uniformed and plainclothes officers continued to pursue
Quintana with weapons drawn, ordering him to stop. One of the
officers then observed Quintana shouting at the women,
grabbing at something in one woman's hands or catching
something the woman had tossed to him, and then apparently
hiding behind the woman from whom he had taken the item.
Concerned that the woman who tossed the item looked
"very scared" and that Quintana was trying to take
control of the woman's vehicle and ...