State appeals court over turns a fried rice robbery conviction

Court say jury considered inadmissable evidence

WEST PALM BEACH, Fla - For a Boynton Beach man it may be a case of justice finally being served.

On Wednesday the Fourth District Court of Appeal in West Palm Beach overturned Anthony Caldwell Senior's conviction of a  2012 robbery.

Boynton Beach police had arrested Caldwell after a delivery man reported that Caldwell had forcibly taken jumbo size fried rice from him while holding him at gunpoint.

The state appeals court stated that at Caldwell's trial the delivery man, speaking through a Chinese interpreter, described the robber as a middle aged  5' 9" black male weighing "around 200 pounds".

The initial report given to police described the suspect as being 5' 9" tall and weighing between 160 and 200 pounds.

The court says that the number on Caldwell's cell phone was not the same as the one used to phone in the order.

Court documents state that when the delivery man arrived he was told by the gunman "to give him the fried rice".

The gunman, according to the appeals court, knew what was in the bag when the order arrived.

The court also stated that the suspect did not have facial hair while Caldwell did.

Caldwell appealed his robbery conviction on the grounds that he was misidentified.

The Fourth District Court of Appeal in it's ruling stated that Caldwell's booking report at the time of his arrest contained  hearsay information that should not have been presented to the jury at his trial prompting the conviction reversal.