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Court rejected the defendant's argument that the evidence was insufficient to support the defendant's conviction of armed robbery under O. There was no merit to a defendant's argument that a guilty verdict on an aggravated assault charge as to one of the victims was inconsistent with a not guilty verdict on an armed robbery charge as to that victim. There was sufficient evidence to support a defendant's convictions of malice murder, armed robbery, kidnapping, third-degree arson, burglary, and possession of a firearm during the commission of a crime when the evidence showed that the defendant made the defendant's accomplice shoot a convenience store clerk after the defendant forced the clerk at gunpoint into a wooded area, took money from a cash register in the store, and started a fire in the store. Commit theft, he takes property of another from the person or the immediate. Hudson v. 895, 508 S. 2d 682 (1998). Armed robbery, attempted armed robbery, and possession of a firearm during the commission of a crime convictions were upheld on appeal based on sufficient evidence supporting the defendant's guilt, specifically, a security surveillance videotape, eyewitness testimony, and the defendant's voluntary admission to police. Victim's testimony that the defendant grabbed the victim's necklaces, the jewelry fell to the ground and the victim secured the necklaces by stepping on the items, and then the defendant pulled out a gun and shot the victim in the chest was sufficient to support the defendant's conviction for armed robbery.
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Moody v. 2d 30 (1989). Although under Georgia law, a defendant could not be convicted solely upon the uncorroborated testimony of an accomplice, former O. Arvinger v. 127, 622 S. 2d 476 (2005). Tire tool stuck in the waistband of defendant's pants constitutes an offensive weapon. § 16-8-7, and possession of a firearm during the commission of a felony, O. Daniels v. State, 306 Ga. 577, 703 S. 2d 41 (2010). § 16-11-106, and possession of a firearm by a first offender probationer under O. When the same evidence that was used to prove the armed robbery charges against the defendant was also used to prove the theft by taking charges and the property in question was taken from the victims' possession in the same incident in a store and constituted a single crime, the theft by taking offenses were lesser included offenses of the armed robbery offenses as a matter of fact pursuant to O. Lord v. 449, 577 S. 2d 103 (2003) limb. § 16-8-41, were supported by sufficient evidence because, inter alia, the defendant acted as a lookout and deterred two potential customers while a codefendant entered the victim's restaurant, shot the victim to death, robbed the cash register, and stole the victim's wallet; after the shooting, the defendant and the codefendant fled the scene together and went to a friend's apartment, where the defendant changed the defendant's shirt to disguise the defendant's identity.
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Bartley v. 367, 599 S. 2d 318 (2004). Despite the defendant's claim of innocence, convictions for armed robbery and two counts of aggravated assault were upheld on appeal, given sufficient evidence showing that the defendant waited at the scene of the robbery and then assisted the codefendants in an attempted escape; hence, the defendant was not entitled to a directed verdict of acquittal and the state was not required to exclude every reasonable hypothesis except guilt as required by former O. Denied, 129 S. 481, 172 L. 2d 344 (2008), overruled on other grounds, No. In a case in which the defendant was convicted of, inter alia, armed robbery, the trial court erred in allowing the state to present character evidence in the form of the defendant's prior arrest for armed robbery because defense counsel's cross-examination of an accomplice did not amount to an offer of evidence of a pertinent character trait as it was an attempt to establish that the accomplice was afraid of someone other than the defendant. Evidence was sufficient to convict the defendant of malice murder under O. Love v. 387, 734 S. 2d 95 (2012). §16-8-41(a), a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. Trial court did not err in not charging on robbery by intimidation as a lesser included offense of armed robbery under O. Lenon v. 626, 660 S. 2d 16 (2008). Herrera v. 432, 702 S. 2d 731 (2010). § 16-8-41, a charge on the lesser included offense of theft by taking under O. 25 caliber handgun, and the evidence, which showed that the weapon was a. Ray v. 656, 615 S. 2d 812 (2005).
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Call now at (770) 884-4708 to set up your free initial consultation! Branchfield v. 869, 700 S. 2d 576 (2010). Contact the professionals at the Law Office of Matthew T. McNally to schedule a consultation with an Atlanta armed robbery attorney. Even in the absence of evidence sufficient to show that the defendant directly committed the charged offenses, there was sufficient evidence that the defendant was a party to the offenses in that the defendant and a person armed with a gun loaded a truck with property stolen from the home during the two-hour home invasion, the defendant was present speaking with the armed person during the home invasion, and the defendant confirmed that the child was home alone.
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The charge given advised the jury of the applicable law, and the trial court was not required to instruct on the meaning of all words used, particularly words of common understanding. House v. 55, 416 S. 2d 108, cert. S19C1617, 2020 Ga. LEXIS 153 (2020) robbery does not require armed escape. Intimidation involves creating apprehension which induces one to part with property for safety of person. Todd v. 459, 620 S. 2d 666 (2005). Conviction for armed robbery was authorized even though the property was taken from the victim only after the victim had been killed. The aggravated assault was established by proof of the same or less than all the facts required to establish the commission of the armed robbery. Bowe v. 376, 654 S. 2d 196 (2007), cert. Jury may find the defendant guilty of armed robbery and find that the armed robbery is a statutory aggravating circumstance supporting the death penalty for the victim's murder regardless of whether the defendant's intent to take the victim's property arose before or after the murder.
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However, when the underlying facts show that one crime was completed prior to the second crime, so that the crimes are separate as a matter of law, there is no merger. Evidence was sufficient to show that theft occurred after force was employed where defendant, who had concealed self in the victim's van, attempted to stab the victim in the neck with a screwdriver and then drove away with the van a few moments after the victim escaped therefrom. Bates v. 855, 750 S. 2d 323 (2013). Armed robbery convictions are upheld where items are taken out of physical presence of victim if what was taken was under the victim's control or his responsibility. If you have a felony conviction anywhere in the United States, and are convicted of a felony in Georgia you will receive the maximum sentence. Barnett v. 588, 420 S. 2d 96 (1992). Evidence supported defendant's conviction for armed robbery as the robbery was completed as defendant approached the clerk with DVDs in hand just before the codefendant held the clerk at gunpoint; DVDs were later seen near the store where defendant and codefendant were apprehended, barefoot; police also found a handgun, a roll of red duct tape similar to the one used to restrain the clerk, and two pairs of shoes. Bonner v. 539, 794 S. 2d 186 (2016). Defendant's claim to the contrary notwithstanding, the record was replete with evidence corroborating the testimony of defendant's accomplice which identified the defendant as one of the perpetrators of an armed robbery. Trial court did not err in refusing to instruct the jury as requested by both the defendants as to a charge of armed robbery, but properly gave the pattern jury charge instead as the charge given covered the principle of law in the requested charge. To avoid potential Bruton issues, the state introduced only those portions of the codefendant's9-1-1 calls or custodial statements made establishing that the codefendant was at the scene of two robberies, that the codefendant's vehicles were used, and that the codefendant sent police to a motel room to investigate the robberies, but refused the additional portions of the statements that tended to support the codefendant's defense that the codefendant was coerced into participating in the crimes.
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Lane v. State, 324 Ga. 303, 750 S. 2d 381 (2013). Lee v. 479, 636 S. 2d 547 (2006). Robbery is a crime against possession and is not affected by concepts of ownership. The surveillance cameras weren't working at the time and no arrests have been made at this time. 603, 528 S. 2d 853 (2000) on included offense not required where evidence shows completion of greater offense. Sufficient asportation to meet statutory criteria. Defendant's convictions for kidnapping, hijacking a motor vehicle, armed robbery, possession of a firearm during the commission of a felony, carrying a concealed weapon, and possession of a weapon on school property were authorized because pursuant to former O. Because the trial court set aside the defendant's aggravated assault conviction, a claim that the trial court erred in failing to merge the aggravated assault with an armed robbery conviction for sentencing purposes lacked merit.
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While for appellate jurisdictional purposes armed robbery is no longer a capital felony, notwithstanding the above, armed robbery is still considered a capital offense under the aggravating circumstances provision of O. I will not hesitate to obtain his services if they are ever needed again! Failure to instruct on robbery and theft by taking harmless. Curtis v. 839, 769 S. 2d 580 (2015). It is not required that property taken be permanently appropriated. State, 177 Ga. 624, 340 S. 2d 263 (1986).
Evidence that the victim identified the defendant as the robber with a gun and to whom the victim was forced to give money and a recording from a device the victim wore where a male was saying to get out of the car before he shot someone in the face was sufficient to support the defendant's conviction for armed robbery. Conspiracy instruction upheld though conspiracy not charged in indictment. In order to establish armed robbery a showing is required that the defendant took property by force and that the force was exerted prior to or contemporaneous with the taking. Fact that gun was unloaded as affecting criminal responsibility, 68 A. Sufficient evidence supported the defendant's convictions for two counts of armed robbery with respect to two victims at the first residence, attempt to commit armed robbery with respect to one of the victims at the first residence, and two counts of burglary with respect to the two residences because the accomplice testimony was sufficiently corroborated by one of the witnesses, who identified the defendant. State, 264 Ga. 813, 592 S. 2d 483 (2003). Ziegler v. 787, 608 S. 2d 230 (2004), cert. Biggins v. 286, 744 S. 2d 811 (2013). Indictment alleging that defendants "with the intent to commit a theft, did take automobile by use of a knife, an offensive weapon" alleged all the essential elements of armed robbery.
Defendant's armed robbery conviction was upheld based on the defendant's accomplice's testimony that the defendant pointed a shotgun at a resident during a robbery and evidence that a shotgun and items taken during the robbery were found in the defendant's bedroom. It is understood by law enforcement that the weapon would have been used should there have been a situation that arose which called for its use. Huff v. 573, 636 S. 2d 738 (2006). 439, 672 S. 2d 438 (2009), cert. Since there was no evidence that a taking or a theft occurred at the time of the murder, the state failed to carry the state's burden of proving beyond a reasonable doubt that the defendant committed the underlying felony of armed robbery. Hamilton v. 197, 348 S. 2d 735 (1986). Threats by word or gestures are the most usual means of intimidation and of themselves are sufficient to imply violence. § 24-14-8), testimony of a single witness was generally sufficient to establish a fact. Because theft by receiving stolen property is not a lesser included offense of armed robbery, a defendant charged with two counts of party to the crime of armed robbery was not entitled to a jury instruction on theft by receiving stolen property. There was sufficient evidence to support defendant's conviction for armed robbery, despite the victim testifying to not personally seeing the gun used by the defendant as four other witnesses all saw the defendant bearing the gun; the defendant told the victim that the defendant had a gun and would shoot the victim if the victim did not comply with the defendant's demands; and the other victim saw the gun in either the defendant's hands or a compatriot's hands during the encounter. Timmons v. 489, 304 S. 2d 453 (1983) robbery is capital offense for speedy trial purposes. In addition, if you have three prior felony convictions from anywhere in the U. S. then you must serve the maximum sentence without the possibility of parole. Carter v. State, 156 Ga. 633, 275 S. 2d 716 (1980); Byse v. 856, 315 S. 2d 58 (1984); Kelly v. 893, 508 S. 2d 228 (1998). Acquittal of possession of a knife during the commission of a crime did not compel acquittal on the charge of armed robbery because the jury was free to compromise on the verdict.
Because defendant admitted to police that defendant had planned the robbery that led to the victim's death, defendant was a willing participant in the robbery and shooting; consequently, the evidence was sufficient to find defendant guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime. Evidence of the defendant's subsequent arrest on other charges while driving the same vehicle defendant had been driving on the night of the robbery and of the seizure from that vehicle of a pistol which was similar in appearance to the one alleged to have been used by defendant during the robbery was clearly relevant in that it connected defendant both to the vehicle and to the weapon. He never spoke on a level that was outside of my understanding.
Marlin v. 856, 616 S. 2d 176 (2005). Aggravated assaults did not merge with the robbery of two victims, where the robberies were completed, both victims having been deprived of their property, when they were marched off for another criminal purpose and the aggravated assaults on each victim occurred. Terrell v. 173, 601 S. 2d 500 (2004) to withdraw guilty plea. Brockington v. 533, 343 S. 2d 708 (1986). § 16-10-50, as the hindering offense was the equivalent of being an accessory after the fact; moreover, it was not a lesser included offense of the principal crime, but a separate offense. 682, 746 S. 2d 162 (2013). Hambrick v. State, 256 Ga. 148, 344 S. 2d 639 (1986).
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