Georgia Code § 16-8-41 (2020) - Armed Robbery; Robbery By Intimidation; Taking Controlled Substance From Pharmacy In Course Of Committing Offense :: 2020 Georgia Code :: Us Codes And Statutes :: Us Law :: Justia – Land Of The Free Home Of The Brave Shirt

§ 16-5-21(a)(2), and an "offensive weapon" under the armed robbery statute necessarily would fall within the category of weapons described in § 16-5-21(a)(2), and therefore the defendant could not show that the instruction affected the outcome of the proceedings. 2d 909 (2020) who remained in vehicle convicted of armed robbery. 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. §§ 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing that he wore, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. Testimony by two victims that the defendant grabbed a purse from one of them and pointed a gun at both of them, and testimony from an eyewitness that the defendant fled from the police was sufficient to support the defendant's convictions for armed robbery and aggravated assault. Sufficient evidence was presented to support a defendant's conviction for armed robbery because the victim, a taxi driver, identified the defendant as one of the perpetrators based, inter alia, on the victim's knowledge of the defendant from living in the same townhome complex; a single witness's testimony was sufficient to establish a fact under former O.

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Defendant's armed robbery conviction was upheld on appeal as: (1) issues related to the identity of the perpetrator were for the trier of fact, not the Court of Appeals of Georgia; and (2) identification testimony by a witness the defendant challenged was relevant, and thus admissible, and was not rendered inadmissible merely because such placed the defendant's character in issue. Taking property is an essential element of crime of armed robbery. Conviction for armed robbery standing alone will not authorize incorporation of death penalty. Presence of an offensive weapon or the appearance of such may be established by circumstantial evidence, and a conviction for armed robbery may be sustained even though the weapon was neither seen nor accurately described by the victim.

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. Norman v. 721, 716 S. 2d 805 (2011). Mills v. 28, 535 S. 2d 1 (2000). Taylor v. 469, 638 S. 2d 869 (2006), cert. Corey v. State, 216 Ga. 180, 454 S. 2d 154 (1995) of venue. Lattimore v. 435, 638 S. 2d 848 (2006). 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. 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. An overinclusive list of items alleged to have been stolen in an indictment for armed robbery did not result in a variance between the indictment and the proof offered at trial so severe that it affected defendant's substantial rights, prejudiced the preparation of defendant's defense, or exposed defendant to the possibility of subsequently having to stand trial for the same charge.

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Blocker v. 846, 595 S. 2d 654 (2004). Warner v. 56, 681 S. 2d 624 (2009), cert. § 16-2-20, the evidence was sufficient to convict the defendant of armed robbery. Kirk v. 640, 610 S. 2d 604 (2005). There was no error in the trial court's failure to convict the defendant of kidnapping and armed robbery in violation of O. Andrew Schwartz was so very helpful and always responded quickly when I had questions. 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. Hamlin v. 29, 739 S. 2d 46 (2013). § 16-8-41(b), and the 20-year sentences imposed for the defendant's aggravated assaults were within the statutory range of punishment under O. Defendant's conviction for felony murder was supported by evidence that the defendant agreed to sell methamphetamine and possessed a handgun, which the defendant gave to the defendant's cohort on the way to the drug sale; the two then robbed the two victims and shot at both victims, killing one; the two left the scene together, telephoned a senior gang member, and traveled to a gang safe house in Atlanta together. § 16-8-41(a), hijacking a motor vehicle, O. Even if armed robbery is considered a capital offense for the purposes of certain Georgia statutes, it is not excluded from the provisions of O.

910, 96 S. 3222, 49 L. 2d 1218 (1976), execution of death sentence stayed pending action on rehearing petition, 497 U. Sypho v. State, 175 Ga. 833, 334 S. 2d 878 (1985) property from under one's personal protection suffices. 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. Feaster v. 417, 641 S. 2d 635 (2007). Cisneros v. State, 334 Ga. 659, 780 S. 2d 360 (2015), aff'd, 792 S. 2d 326 (Ga. 2016). The legal team understands that it is your future we are fighting for. § 17-10-1 (prior to the 1993 amendment) did not mandate a life sentence, a life sentence on an armed robbery conviction was proper under the specific provisions of O. Stovall v. 138, 453 S. 2d 110 (1995). Offenses of aggravated battery and armed robbery merged as a matter of fact, where the aggravated battery indictment was drawn to charge the same serious bodily harm inflicted by a knife in the course of an armed robbery, and thus the same facts necessary to prove the aggravated battery charge were used upon proving the armed robbery charge. Evidence was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that the defendant committed three armed robberies because there was evidence that items were taken from at least three men by use of a gun; there was evidence that the items were taken from the men or "them, " as well as evidence that there were four men in the immediate area at the time. 226, 679 S. 2d 808 (2009). Trial court was authorized to sentence a defendant to life imprisonment for armed robbery, even when the defendant was not a recidivist; defendant was not eligible to be sentenced as a first offender, because such treatment was not available for a conviction for armed robbery. Defendant was entitled to resentencing with regard to the defendant's convictions on one count of aggravated assault and one count of armed robbery arising from the robbery of a restaurant because the two counts were based upon the same conduct, namely pointing a handgun at the restaurant's manager in order to commit a robbery. Copeny v. 347, 729 S. 2d 487 (2012).

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§ 16-8-41(b), the trial court errs when the court sets the final sentence pursuant to O. § 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. Mitchell v. State, 157 Ga. 146, 276 S. 2d 658 (1981). 153, 96 S. 2909, 49 L. 2d 859 (1976). Duncan v. 32, 658 S. 2d 780 (2008). 2d 235 (1982) not part of armed robbery. The employee testified that the employee observed the defendant's face the entire time that the defendant held a gun to the employee's chest.

Evidence was sufficient for armed robbery conviction where the defendant first shot his sister and then, several minutes later, took her money, with the rifle still in his possession; without the shooting, which left the sister in fear of being shot again, defendant's taking of his sister's money could not have been accomplished and the relatively brief passage of time between the shooting and the taking did not sever that connection between the two acts. Talbot v. 636, 402 S. 2d 366 (1991). S11C1766, 2012 Ga. LEXIS 232 (Ga. 2012). Armed robberies are viewed more severely than robberies, because although robberies often involve intimidation or force, armed robberies add an extra level of violence: the presence and/or use of weapons. Matthews v. 798, 493 S. 2d 136 (1997).

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Chenoweth v. 7, 635 S. 2d 730 (2006). Patterson v. State, 312 Ga. 793, 720 S. 2d 278 (2011), cert. Dorsey v. 268, 676 S. 2d 890 (2009). Defendant's life sentence for armed robbery was within the statutory limits, O. Holmes v. 441, 836 S. 2d 97 (2019). Pattern jury instruction including witness's degree of certainty in identification. Nor are they included offenses as a matter of fact where the two offenses are based on separate acts. Convictions and sentences for both armed robbery and aggravated assault were proper since each offense charged was clearly supported by its own set of facts. Evidence was sufficient for the jury to find the defendant guilty of armed robbery. Although eleven years separated defendant's earlier robbery from this armed robbery, part of that time defendant was in prison, and it is the similarity of the offenses within the meaning of Williams v. 640, 409 S. 2d 649 (1991) that determines the admissibility of such evidence, not whether the span of time between offenses is brief. Collier v. 31, 692 S. 2d 697 (2010) and feet not weapons. Nava v. 497, 687 S. 2d 901 (2009). Keller v. 546, 499 S. 2d 713 (1998).

Trial court erred in denying a codefendant's motion to sever the trial from the defendant's trial because the codefendant was not allowed to introduce the exculpatory portions of the statements that explained the excerpted admissions introduced by the state, which supported the codefendant's antagonistic defense that the codefendant was present at the robberies due to coercion by the defendant. Butler v. State, 276 Ga. 161, 623 S. 2d 132 (2005). Victim's testimony that the defendant was one of the two men who came into the victim's house, beat the victim with fists and a flashlight, and demanded the victim's keys and money authorized the jury to find the defendant guilty of burglary, aggravated battery, and criminal attempt to commit armed robbery. Belcher v. 645, 697 S. 2d 300 (2010). § 16-8-41 allows the sentencing judge broad discretion, the statute does not provide two different maximum sentences and is not unconstitutionally vague.

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