Armed robbery convictions entered against both the first and second defendants were upheld on appeal, given sufficient identification evidence, making an erroneous "level of certainty" instruction harmless error, and because counsel for the first defendant was not ineffective. By sudden snatching. Perception of weapon. To disprove the coercion defense, the victim testified that defendant did not appear nervous, that the robbery occurred very quickly, with no "fumbling" or "bumbling" on defendant's part, and that defendant commented that defendant was robbing the victim because defendant needed a place to stay. Defendant's conviction for armed robbery was affirmed as the evidence that the defendant agreed to commit the robbery and to share the proceeds and that the defendant held the knife and acted as a "lookout" as a co-conspirator took money from the occupants at gunpoint did not fatally vary from the indictment, which alleged that the defendant committed an armed robbery by taking property from the immediate presence of the victims, by use of a knife. However, because the evidence against both defendants, exclusive of the track dog evidence, overwhelmingly identified the defendants as the perpetrators of the robbery, the error was harmless. See Wright v. State, 166 Ga. 295, 304 S. 2d 105 (1983). Jester v. 665, 420 S. 2d 357 (1992) from immediate presence. Despite defendant's assertion that defendant only pretended to have a weapon while robbing a restaurant, the trial court did not err in denying defendant's motions for a directed verdict of acquittal on charges of armed robbery in violation of O.
Metoyer v. 810, 640 S. 2d 345 (2006). § 17-10-7 based on the defendant's prior felony conviction. 2d 235 (1982) not part of armed robbery. 500, 629 S. 2d 485 (2006). § 16-2-20, given evidence that the defendant helped plan the robberies of two game rooms, drove the getaway vehicle, and participated in the division of the proceeds. But the defendant could not require the state to agree that the defendant committed theft by taking in Clayton County or require the trial court to instruct the jury on a lesser included offense over which the court lacked venue.
2d 166 (2014) instructions properly charged on armed robbery and robbery by intimidation. Trial court did not err by imposing the maximum sentence, which was life imprisonment, upon the defendant's conviction for armed robbery given the defendant's recidivist status as the court lacked the authority to probate or suspend any part of that sentence pursuant to O. § 16-8-41, an armed robbery has not been perpetrated. When the evidence showed clearly an armed robbery by use of an offensive weapon, and there was no evidence of robbery by intimidation or theft by taking, a charge on those lesser offenses was not required. The trial court's imposition of a sentence within the statutory limits would not be disturbed. Victim's testimony concerning defendant's gestures and demands at the time defendant approached, and stole, defendant's vehicle, was sufficient to establish the element of intimidation. Wicks v. 550, 604 S. 2d 768 (2004). Victim's testimony that the defendant approached the victim, thrust a gun about six inches from the victim's face, took the victim's cell phone and keys, and told the victim to "get out of here", while waving a gun, was sufficient to support the defendant's convictions for armed robbery, possession of a firearm during the commission of a crime, aggravated assault, and theft by taking. Evidence was sufficient to convict a defendant of armed robbery based on the victim's testimony that the defendant and the defendant's codefendant approached the victim, asked for cigarettes, pulled a gun on the victim and stuck a gun in the victim's stomach, then relieved the victim of the victim's cigarettes and the victim's wallet with $300 that the victim had just been paid. McNair v. 478, 767 S. 2d 290 (2014). Defendant's oral request for a jury instruction on theft by receiving stolen property was properly denied because it is not a lesser included offense of armed robbery.
Tire tool stuck in the waistband of defendant's pants constitutes an offensive weapon. See Vincent v. 6, 435 S. 2d 222 (1993), aff'd, 264 Ga. 234, 442 S. 2d 748 (1994). Evidence sufficient for criminal attempt to commit armed robbery. Trial court did not err in sentencing the defendant separately on the separate conviction for terroristic threats and armed robbery since the evidence was sufficient to show the robbery was complete, when the money from the cash register was in the defendant's possession before the defendant made the alleged threat to the victim that the defendant would kill the victim if the victim moved. Evidence was sufficient to convict the defendant of criminal attempt to commit armed robbery, even though the defendant never said the defendant was going to rob a store or demanded money, as the jury was authorized to find that, having spent all of the defendant's money, the defendant took the substantial step of entering the store with a knife with the intent to commit robbery. 63, 528 S. 2d 844 (2000) instructions proper. Donald v. 222, 718 S. 2d 81 (2011). § 16-11-106(b) and (e). What constitutes larceny "from a person, ", 74 A. As the offense of aggravated assault, O.
Lee v. 479, 636 S. 2d 547 (2006). Regardless of whether a gun was ever recovered by law enforcement officers or placed in evidence, the evidence proved the greater offense or none at all. Melendez v. 402, 662 S. 2d 183 (2008). Presence of another: (1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or, (3) By sudden snatching. Armed robbery is committed if the weapon has been used as an instrument of constructive, as well as actual, force.
§§ 16-5-21 and16-8-41, was proper under O. Thus, the threat was not part of the armed robbery, but the evidence was sufficient to show that the threat was made with the purpose of terrorizing the victim. Evidence was sufficient to support the defendant's conviction for armed robbery after: (1) the defendant affirmatively lied by denying that the defendant knew one accomplice in the defendant's initial statement to the police; (2) the defendant was driving the getaway car when the car was stopped by the police; and (3) the defendant was in possession of the handgun used in the armed robbery and the money stolen in the armed robbery. Morgan v. State, 195 Ga. 732, 394 S. 2d 639 (1990). Andrew's calm demeanor throughout the proceedings was most helpful. Jury was authorized to find the defendant guilty of armed robbery and possession of a firearm during the commission of a felony based on the witnesses' positive identification of the defendant's distinctive speech; the ski mask and salad bag found in the defendant's vehicle from the restaurant robbed; and the sudden, labored, and sweaty appearance of the defendant immediately after the robbery and high speed chase. Washington v. 541, 678 S. 2d 900 (2009). Rainly v. 467, 705 S. 2d 246 (2010) instruction on accessory after fact not warranted.
He was able to get my case dismissed at the first court hearing. § 16-8-41(b) and (d) because, although the defendant was only 13 years old, the defendant participated in an armed robbery; the legislature's determination that the superior court has jurisdiction over minors 13 to 17 years of age who are alleged to have committed certain serious offenses is founded on a rational basis, including the need for secure placement of certain violent juvenile offenders and the safety of students and citizens of Georgia, O. Evidence that the defendant pulled a gun on the victim, hit the victim in the face and the head with the gun, and snatched the victim's necklace from the victim's neck and carried the necklace 30 yards away before dropping the necklace was sufficient to support the defendant's conviction for armed robbery. In a prosecution for the armed robbery of a cell phone store, evidence that the defendant robbed another cell phone store 20 minutes earlier was properly admitted to show the defendant's bent of mind and course of conduct, and to rebut the defendant's alibi defense because the victim of the earlier robbery identified the defendant from a photographic line-up and at trial, and the modus operandi of the perpetrator of both crimes was nearly identical. 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. Denied, 135 S. 2358, 192 L. 2d 153 (U. Holmes v. 441, 836 S. 2d 97 (2019). Burton v. 822, 668 S. 2d 306 (2008).
With more than 55 years of combined experience, our knowledgeable legal team will build a compelling defense on your behalf and fight to avoid a conviction. Identification by love interest. Penalties include paying a fine between $1, 000 to $10, 000 and a sentence between five to 20 years behind bars; however, depending on the circumstances of the case, armed robbery may lead to a sentence of life in prison. When uncontradicted evidence shows completion of greater offense, charge on robbery by force not required. § 16-8-41, along with DNA evidence and the amount of cash recovered from one of the defendants. Penalties for armed robbery range drastically, and depend on the severity of the case: - Depending on the circumstance armed robbery can result in up to 20 years of prison, life imprisonment, or even the death penalty. 1048, 111 S. 11, 111 L. 2d 826 (1990). § 16-8-41(d) specifically provides that a person convicted of armed robbery shall be subject to the sentencing and punishment provisions of O. 2d 126 (2005) for mistrial should have been granted. It is not required that property taken be permanently appropriated. Contact me as soon as possible at (770) 884-4708 to set up your FREE case evaluation and learn how I can defend you! I was incredibly intimidated by the proposition of serving jail time. As the 10-year sentence was within the limits set by O. Constitutionality of "appearance of such weapon.
Buice v. 415, 657 S. 2d 326 (2008). Holder v. 239, 736 S. 2d 449 (2012). Experienced Armed Robbery Legal Counsel. § 16-5-21(a)) were based on the same conduct - the defendant's pointing a gun at the victim with the intent to rob the victim - merger was required. McCoon v. 490, 669 S. 2d 466 (2008). Since the victim remained on the property during the robbery and the items that were stolen were taken from the victim's residence, which was under the victim's control, the defendant, who pistol whipped the victim and demanded to know the location of property, could not be resolved of armed robbery simply because the defendant forcibly removed the victim from the residence during the course of the theft. Evidence was sufficient to support the defendant's conviction for armed robbery as the evidence authorized the jury to find that the robber's acts created for the bank teller reasonable apprehension that the robber was threatening the teller with a grenade to force the teller to comply with the robber's demand for money.
Evidence was sufficient to convict the defendant of malice murder under O.
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