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Armed Robbery Sentence In Ga Online

Evidence that a store employee recognized one of the robbers' voices as belonging to the defendant, that the defendant's car was found behind the store with proceeds of the robbery and a loaded pistol, and that the defendant was found in a dumpster behind the store was sufficient to support convictions for false imprisonment and armed robbery. § 16-11-106 and other felony statutes. § 16-8-41(a); therefore, the superior court lacked authority under O. Grant v. 230, 656 S. 2d 873 (2008). Trial court did not err in admitting a virtually identical robbery as a similar transaction against the defendant as the incident was relevant to show that the defendant knew of the crimes and intended to allow two individuals to use the defendant's car to commit the crime. Because armed robbery was punishable by life imprisonment, it was not a transferable offense, and a trial court was without authority to transfer the armed robbery case from superior court to juvenile court. Trial court did not err in failing to merge aggravated battery and armed robbery convictions. In one recent case, a federal judge sentenced two individuals to a 39 year sentence and to a 72 year sentence in prison. Although defendant's firearm was used by an accomplice with defendant's consent during the course of robbery, the threatened use of that firearm and the fatal use of defendant's shotgun was sufficient to convict defendant of armed robbery; moreover, evidence that defendant pointed the shotgun at the victim during the robbery established defendant's guilt as a party to armed robbery. 183, 646 S. 2d 55 (2007). ", the evidence provided a sufficient basis for the jury's determination that defendant was guilty of criminal attempt to commit armed robbery. Cordy v. 726, 572 S. 2d 73 (2002) robbery of pizza delivery person. 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.

Armed Robbery Sentence In Michigan

That testimony was sufficient to send to the jury the question of whether the defendant had committed armed robbery. 2d 812 (2005) robbery counts did not merge for sentencing. If you are under investigation for, or charged with, robbery you need to contact an arson defense lawyer. When the defendant during a robbery had defendant's hand in a jacket pocket and pointed at the victim as though the defendant did have a weapon concealed in the pocket so that the victim thought the defendant had one, and that the victim was "scared" the testimony concerning the defendant's gestures and demands was sufficient to establish the element of intimidation. Love v. 387, 734 S. 2d 95 (2012). Linahan, 648 F. 2d 973 (5th Cir. Talbot v. 636, 402 S. 2d 366 (1991). Contents of indictment not fatal to conviction. Merger of an aggravated assault count into an armed robbery count was required when the only evidence was that the defendant used a gun to rob the victim. As the defendant was legally responsible for the acts of the accomplice under O. The victims' encounter with the defendant lasted up to three minutes and took place at a well-lit tennis court; the victims had a clear view of the defendant's face; one victim was close enough to the defendant to hand the defendant the victim's wallet; the descriptions the victims gave matched the defendant's height, build, age, and hairstyle; and the victims identified the defendant the same evening as the incident.

Ga Code Armed Robbery

Gould v. State, 168 Ga. 605, 309 S. 2d 888 (1983); Brazle v. 504, 478 S. 2d 412 (1996). Defendant's conviction for aggravated assault merged into the defendant's conviction for attempted armed robbery because the relevant aggravated assault provision did not require proof of any fact that was not also required to prove the attempted armed robbery as that offense could have been proved under the indictment in the case. § 16-8-41(a), rape, O. Todd v. 459, 620 S. 2d 666 (2005). § 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. 243, 93 L. 2d 168 (1986). Although offenses related to the getaway car were part of the same criminal episode, the essential elements of armed robbery, theft by receiving, fleeing, or attempting to elude a police officer, and reckless driving were completely separate and distinct. Since the victim was cut and hit by a shotgun during a struggle with defendant in defendant's attempt to obtain money for drugs, the evidence was sufficient to sustain defendant's convictions for armed robbery, aggravated assault, and possession of a firearm during the commission of a crime under O. With regard to the defendant's convictions for armed robbery and possession of a gun during a crime, the trial court properly denied the defendant's motions to suppress the evidence found in the defendant's bedroom and in the vehicle that the defendant operated as the defendant's parents had authority to give consent to the police to search the defendant's unlocked bedroom since the defendant did not pay rent and was only home for the summer from college. There is not a fatal variance between allegation that accused took $1, 034. Evidence was sufficient to convict a defendant of armed robbery since the testimony of a 14-year-old accomplice was corroborated by testimony from a clerk in the store that was robbed by the defendant and others, and the state presented physical evidence - clothing worn by the robbers - that linked the defendant to the robbery. In a prosecution for armed robbery, possession of a firearm during the commission of a felony, and obstruction, the defendant was not entitled to a new trial based on allegations that trial counsel was ineffective, as: (1) a jury charge on the testimony of an accomplice was not required; and (2) in light of trial counsel's cross-examination of the accomplice, the court's credibility charge, as well as the overwhelming evidence of the defendant's guilt, a leniency instruction was unnecessary. Fagan v. 784, 643 S. 2d 268 (2007). Frazier v. 12, 587 S. 2d 173 (2003).

Armed Robbery Sentence In Ga Laws

Taking property is an essential element of crime of armed robbery. Because defendant's four accomplices in commission of multiple armed robberies and aggravated assaults corroborated each other as to the defendant's participation in the crimes, convictions on those offenses were upheld on appeal. Identification of defendant by accomplice. § 16-8-40(a)(2) since the evidence showed that the defendant repeated the request for money, became more aggressive, and banged on the restroom door in order to get an employee out of the bathroom so that the defendant could get money.

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Even if there was a deviation between the allegations in the indictment and the evidence adduced at trial, there was no fatal variance because the defendant was sufficiently informed of the nature and substance of the charge of criminal attempt to commit armed robbery and failed to show that the defendant was unable to present a viable defense. While the defendant contended that the evidence against the defendant was purely circumstantial, an eyewitness's identification of the defendant as the second gunman during the photographic lineup constituted direct evidence of the defendant's guilt. §§ 16-8-41(a) and16-5-21(a), respectively. Similar transaction evidence of an eight-year-old incident in which the defendant robbed two victims at gunpoint was not too remote in time or dissimilar to the armed robbery and aggravated assault charges the defendant was being tried for, and was thus properly admitted to show course of conduct, bent of mind, motive, and identity. § 16-8-2 theft by taking requires the intent to deprive the owner of property, while armed robbery is a completely separate offense, which under O. Despite the defendant's contention on appeal that two armed robbery convictions were void because the indictment failed to allege the essential element of intent to commit a theft because the defendant's contention amounted to a motion in arrest of judgment, the claim lacked merit as the indictment was not absolutely void. See Coker v. 555, 216 S. 2d 782 (1975). Darville v. 698, 715 S. 2d 110 (2011). When the defendant's offense of attempted armed robbery was included in offense of aggravated assault with intent to rob a restaurant manager, only one sentence should have been imposed in connection with the two charges. Foster v. State, 267 Ga. 363, 599 S. 2d 309 (2004) of motion to withdraw plea to greater offense was an abuse of discretion. There was sufficient evidence to support a defendant's convictions on two counts of armed robbery based on both victims' identification of the defendant; the defendant being found in a nearby location to the truck stop where the attacks occurred walking rapidly away; and the defendant being found with exactly the amount of cash taken from one victim.

Armed Robbery In Georgia

Sufficient asportation to meet statutory criteria. § 16-8-41, there was no error in the trial court's failure to provide the jury with certain instructions requested by the defendant, as the charges given either adequately and substantially covered the principles contained in the requested charge, or there was no evidence that supported the requested charge. 1, 16-8-41(a), 16-11-106. Although defendant did not point a gun at restaurant employees when defendant took money from a cash register, the employees' testimony that defendant produced a gun and that they did not resist because defendant had a gun was enough to sustain defendant's conviction for armed robbery.

§ 16-8-41(a), false imprisonment, O. Powell v. State, 352 Ga. 14, 833 S. 2d 602 (2019). 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. Gallimore v. 629, 591 S. 2d 485 (2003). Evidence sufficient for purposes of juvenile delinquency adjudication. § 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. Belcher v. 645, 697 S. 2d 300 (2010). Traylor v. State, 332 Ga. 441, 773 S. 2d 403 (2015). Since the sentences imposed upon an inmate upon the inmate's convictions for armed robbery and kidnapping were within the statutory guidelines under both O. Counsel not ineffective for failing to object to jury charge on armed robbery. Nicholson v. State, 200 Ga. 413, 408 S. 2d 487 (1991). Failure to charge on included offenses of robbery and theft by taking was not error since there was no evidentiary alternative crime to armed robbery. Battise v. 835, 711 S. 2d 390 (2011).

Shepherd v. 75, 214 S. 2d 535 (1975). Codefendants trial should have been severed. Extrinsic evidence held harmless. While such things as a fist, a stick, a beer bottle, or a shoe are not per se deadly weapons, it is generally a jury question, under all the circumstances surrounding the way they are used. § 16-11-106(b) and (e).

§ 16-11-106(b)(1), because the evidence sufficed to show that money was taken from the immediate presence of a restaurant employee; the defendant kept the employee from the cash register at gunpoint and commanded the employee not to move. Indictment which stated that the defendant took property of another from the person and immediate presence was merely the use of an inappropriate conjunction and not a fatal variance. In the Interest of R. S., 277 Ga. 74, 625 S. 2d 485 (2005). Howard v. 164, 410 S. 2d 782 (1991). State, 149 Ga. 830, 256 S. 2d 79 (1979). Similar transaction evidence properly admitted. Sellers v. 536, 669 S. 2d 544 (2008). Trial court erred in not merging a defendant's aggravated assault with attempt to rob conviction, O.