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§ 16-5-21(a)(2), that was not contained in armed robbery, O. Terry, 490 F. 2d 1261 (N. 2007), aff'd in part and rev'd in part, 570 F. 3d 1283 (11th Cir. Kemp, 753 F. 2d 877 (11th Cir. OPINIONS OF THE ATTORNEY GENERAL. In the Interest of M. P., 301 Ga. 153, 687 S. 2d 178 (2009). It is not essential that a weapon be seen or be accurately described by the victim to support a conviction of armed robbery as long as there was some physical manifestation of a weapon or some evidence from which the presence of a weapon may be inferred.
Cecil v. 48, 587 S. 2d 197 (2003). Nunchucks were weapon. 636, 619 S. 2d 621 (2005). Although DNA collected from the victim was consistent with the accomplice, not the defendant, the latter's admission that the defendant and the accomplice picked up the victim intending to rob her, and that the defendant had sex with the victim after the accomplice raped her, was sufficient evidence to justify the denial of defendant's motion for a directed verdict on charges of kidnapping, rape, armed robbery, and the use of a firearm in the commission of a crime. If You've Been Charged with Robbery. Difference in elements between theft by taking and armed robbery. 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. Evidence was sufficient to convict the defendant of armed robbery because the defendant's testimony affirmed that the front-seat passenger pulled a gun on the victim, but never addressed whether or not money was taken; O. Trial court did not unfairly enhance defendant's sentence for armed robbery based on a previous aggravated child molestation conviction, committed when defendant was 13 years old, as: (1) under O. Cooper v. 760, 642 S. 2d 817 (2007). § 16-8-41, based on the state showing that a victim was forcibly detained in a bathroom while various property was taken by the defendant and codefendants, with some being retrieved from the get-away car and it did not matter whose property was taken.
§ 16-8-41(a); therefore, the superior court lacked authority under O. Trial court erroneously admitted an officer's testimony regarding a statement made by one of the victims who died of natural causes prior to trial as the admission violated the defendant's right to confrontation; moreover, because there was no other evidence to support this armed robbery count, the defendant could not be retried for it. "The term `offensive weapon' includes not only weapons which are offensive per se, such as firearms loaded with live ammunition, [but] also embraces other instrumentalities not normally considered to be offensive weapons in and of themselves but which may be found by a jury to be likely to produce death or great bodily injury depending on the manner and means of their use. " § 24-14-8) and for the jury to find beyond a reasonable doubt that the defendant committed armed robbery, O. Dixon, 286 Ga. 706, 691 S. 2d 207 (2010). Twenty-year sentence imposed for armed robbery did not violate the United States or Georgia Constitutions as the sentence was within the statutory range for armed robbery and was not grossly disproportionate to the crime. 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. 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. Henderson v. 72, 70 S. 2d 713 (1952) (decided under former Code 1933, § 26-2501). §§ 16-5-21(b), 16-8-41(b), and16-11-106(b); under O. Force sufficient to establish armed robbery was shown by evidence that the defendant forced the victim to surrender her purse by pointing a gun at her chest. Odle v. 146, 770 S. 2d 256 (2015). Likewise, the defendant's codefendants' statements and testimony implicating the defendant in the crimes were corroborated by the defendant's confessions and the victims' testimony.
Within this doctrine, the person may be deemed to protect all things belonging to the individual, within a distance, not easily defined, over which influence of personal presence extends. Evidence, including a gun and penny wrappers and a green coin basket found in the defendant's bedroom, was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of armed robbery and kidnapping after a restaurant was robbed; the basket matched a basket used by the restaurant and the pennies had been exchanged by the same bank that supplied the restaurant. 32, 684 S. 2d 102 (2009). Armed robbery counts did not merge into malice murder counts because the evidence was sufficient to show both victims were subjected to the defendant's exercise of actual force by the use of an offensive weapon so as to induce the relinquishment of another's property. 2d 151 (1975) to suppress evidence of armed robbery properly denied. Testimony of the female victim and the accomplice that the defendant held a pistol on both victims and demanded and took cash from the male victim, along with the DNA evidence on the floor at the scene of the rape, was sufficient for the jury to find that the defendant was guilty of kidnapping with bodily injury (by rape) and rape against a female victim, and kidnapping and armed robbery against a male victim. It was not sufficient that force was used against a person subsequent to taking, although it may be part of the same "continuing transaction. " App., S. 2d (May 20, 2009). §§ 16-8-41 and 17-10-7. Evidence was sufficient to support the jury verdict as to armed robbery and felony murder predicated on armed robbery since the evidence showed that an exterior door was kicked in and four armed men rushed inside to the basement where the defendant's bedroom was located and where the defendant was at the time, allowing the jury to infer that the perpetrators fired multiple gunshots, eventually hitting the defendant with a single, fatal gunshot. For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. Rev. Given the defendant's confession, the victim's identification of the defendant as the person who robbed the victim, testimony by the victim and others that the robber had a gun, and testimony that the defendant was not at the nightclub where the defendant claimed to be, the jury was authorized to find the defendant guilty of armed robbery and aggravated assault in violation of O. Burns v. 507, 654 S. 2d 405 (2007). Contact me as soon as possible at (770) 884-4708 to set up your FREE case evaluation and learn how I can defend you! State, 326 Ga. 144, 756 S. 2d 232 (2014), overruled on other grounds by Willis v. State, 2018 Ga. LEXIS 685 (Ga. 2018).
The Official Code of Georgia Annotated §16-8-41 defines "armed robbery" as stealing property from someone else, or from someone else's immediate presence, using an "offensive weapon" or any replica or device that looks like a weapon. 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. Under the Official Code of Georgia Annotated (OCGA) §16-8-40, an armed robbery is a "robbery committed with an offensive weapon, any replica of an offensive weapon, or a device having the appearance of any such weapon" with the goal to take another's property. 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. § 15-11-28(b)(2)(A). 28, 2020); Davenport v. State, Ga., 846 S. 2d 83 (2020). Griffin v. 683, 631 S. 2d 671 (2006) robbery at ATM. 866, 648 S. 2d 183 (2007). 2d 309 (2004) need not be seen by victim. 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. 2d 385 (1971); Ferguson v. 415, 471 S. 2d 528 (1996). Defendant could not appeal the denial of a motion to correct a void sentence as the motion was filed in 2007, more than 12 years after the defendant's conviction for armed robbery was affirmed in 1994 and outside the statutory period in O.
Defendant was properly convicted of the armed robbery of a victim because the victim was held at gunpoint in the victim's living room while property was taken from the victim's bedroom; the theft was not too far afield to be outside the victim's "immediate presence" as required under O. Sufficient evidence supported the defendant's conviction for armed robbery based on the victim identifying the defendant as the person who hit the victim on the head, an accomplice's testimony, the victim's car keys were found in a bag that the defendant had been holding when stopped by an officer, and the defendant fled from the officers when the officers attempted to arrest the defendant. Fleming v. 483, 504 S. 2d 542 (1998). Maxey v. 503, 284 S. 2d 23 (1981). Jury charge which created an unconstitutional burden-shifting presumption as to intent was harmless error since the defendant's defense was alibi and misidentification, and in the alternative, insanity, and such defenses did not put into issue criminal intent. Because a defendant's convictions for armed robbery (O.
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