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While defendant's crime may have begun as attempted robbery by intimidation or attempted robbery by sudden snatching, defendant's use of a gun to effectuate the taking upgraded the offense to armed robbery. Similar transaction evidence properly admitted. Odle v. 146, 770 S. 2d 256 (2015). Defendant's convictions for armed robbery and aggravated assault were supported by sufficient evidence in that, even absent fingerprint evidence, there was the identifications of two eyewitnesses as well as a bottle bearing the store's logo and the amount of cash and same denomination reported stolen found on the defendant's person. 824, 368 S. 2d 522 (1988).
One of the victims testified that she was asleep on her couch when she was awakened by a feeling of being suffocated. § 24-14-8), the victim's testimony alone established the essential elements of the offenses. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Testimony by a victim that the defendant and an accomplice, armed with handguns, forcibly entered the victim's apartment, raped and sodomized the victim, struck the victim with a gun, stole jewelry, bound the victim, and escaped in a car owned by the victim's prospective spouse, and evidence that 24 fingerprints lifted from the apartment and car matched the defendant's, was sufficient to convict the defendant of armed robbery. Spivey v. 785, 534 S. 2d 498 (2000). Failure to include particular value of stolen goods in indictment offered no obstacle to defendant preparing a defense; it did not prejudice defendant nor establish a fatal variance where ample proof of amount, type, and ownership of such property was introduced by state. 369, 765 S. 2d 599 (2014), overruled on other grounds by State v. Heath, 2020 Ga. LEXIS 362 (Ga. 2020). Brockington v. 533, 343 S. 2d 708 (1986). §§ 16-5-1, 16-8-41, 16-5-21, 16-7-1, and16-11-106, respectively, when the defendant and the codefendant went to a club with the intention of robbing someone, met the victim and drove the victim back to the victim's home, beat and fatally stabbed the victim, and upon leaving the victim's apartment, took some of the victim's belongings. D) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6. Evidence was sufficient to support the defendant's conviction for armed robbery even though the teller involved in the bank holdup did not actually see a gun because the note defendant handed to the teller stated that there was a gun and that the defendant would shoot everyone in the bank if the teller did not give up the money, and where the defendant's hand was concealed under a shirt. Lawrence v. 163, 657 S. 2d 250 (2008). Butler v. State, 276 Ga. 161, 623 S. 2d 132 (2005).
The trial court's imposition of a sentence within the statutory limits would not be disturbed. Fact that the victim was not aware until police arrived that the victim's gun had been taken did not mean that defendant's armed robbery conviction could not stand, as a jury could find that the victim, who was bound and forcibly held at gunpoint while the victim's house was ransacked, was aware that items were being taken from the victim's home. See Coker v. 555, 216 S. 2d 782 (1975). § 24-8-824), not coerced or received as a result of promises made, and not subject to exclusion due to improper methods used by the police, the trial court did not err in admitting the evidence; further, exclusion of the confession was not required based on a violation of the defendant's right to counsel.
Boyd v. 204, 830 S. 2d 160 (2019). In most cases, an alleged victim or witness will have to pick out the accused from a photo or lineup. Evidence was sufficient to support the defendant's conviction for armed robbery because the phone and cash register taken from the immediate presence of the victim was the property of another in that the property belonged to the phone business of the victim's family. Defendant was charged with robbing a store clerk at knife-point. 565, 515 S. 2d 869 (1999) on receiving stolen property denied. S18C0874, 2018 Ga. LEXIS 482 (Ga. 2018) merger of aggravated assault and attempted armed robbery. Circumstantial evidence that a defendant was found walking not far from the scene of a robbery, with money in similar denominations to that which was stolen, clothing (including ski gloves) as described by the victim, and a gun, was sufficient to support the defendant's conviction for armed robbery in violation of O. Rankin v. 817, 711 S. 2d 377 (2011). § 16-8-41, a charge on the lesser included offense of theft by taking under O. Robbery by intimidation did not have to be considered as a lesser included offense in defendant's trial for armed robbery in violation of O. Meaning of legal phrase "immediate presence" is not that taking must necessarily be from actual contact of the body, but if it is from under personal protection it will suffice. § 24-3-5 (see now O. Both codefendants testified that the defendant was present from the robbery's inception through the robbery's execution, that the defendant was aware of the conspiracy to obtain the victim's money and cocaine by armed robbery, and that the defendant willingly participated in the crimes and shared the criminal intent of those who committed the crimes inside the victim's residence by supplying the defendant's car and acting as a get-away driver.
Superior court judge has no jurisdiction to probate sentence imposed on conviction of armed robbery. Evidence supported a finding that the defendant took the money from the store manager's presence by using a weapon and was sufficient for the jury to have found the defendant guilty of armed robbery beyond a reasonable doubt. Since the purpose of using any weapon or device having the "appearance of such weapon" is to create a reasonable apprehension on the part of the victim that an offensive weapon is being used, it is immaterial whether such apprehension is created by use of the sense of vision or by any other sense, provided that the apprehension is reasonable under the circumstances. Dean v. 695, 665 S. 2d 406 (2008). When in single transaction, the defendant robs another of property belonging to two individuals, only one robbery is committed. Payne v. 677, 791 S. 2d 451 (2016), overruled on other grounds by Worthen v. 2019) Charge. Pattern jury instruction including witness's degree of certainty in identification. Cisneros v. State, 334 Ga. 659, 780 S. 2d 360 (2015), aff'd, 792 S. 2d 326 (Ga. 2016). 1048, 111 S. 11, 111 L. 2d 826 (1990). My firm can begin building your defense immediately and will stay by your side every step of the way we seek to have your charges dismissed or your case dropped altogether.
Case was remanded for resentencing after the trial court improperly sentenced the defendant to a term of imprisonment beyond the 20 year maximum sentence. § 16-2-20(b)(3) and (4) as a codefendant testified that defendant had provided the gun used in the crime, which was corroborated by defendant's admission that defendant provided the shooter with the gun and that defendant knew that they intended to use the gun to rob a place on the interstate. Griffin v. 683, 631 S. 2d 671 (2006) robbery at ATM. § 16-8-41, the trial court should have provided the jury with a requested instruction on mistake of fact pursuant to O.
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