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Because defendant admitted to police that defendant had planned the robbery that led to the victim's death, defendant was a willing participant in the robbery and shooting; consequently, the evidence was sufficient to find defendant guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime. Brinson v. 411, 537 S. 2d 795 (2000). Hire a Seasoned Atlanta Criminal Defense Attorney. 588, 340 S. 2d 862, cert.
What Is The Sentence For Armed Robbery
Glass v. 530, 405 S. 2d 522 (1991). Evidence was sufficient to allow the jury to find all defendants guilty of armed robbery beyond a reasonable doubt because the victim testified that one of the defendants had a knife during the attack and that all three defendants struck and kicked the victim while taking the victim's necklaces and money. 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. After the defendant took a cab driver's fare money, a gold coin, and the cab and was apprehended after a chase, the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of armed robbery, hijacking a motor vehicle, and obstruction of a police officer. Sufficiency of indictment for carjacking. Armed robbery is serious felony that could land you in prison for life, or at least 10-30 years. Video showing the defendant bursting into the store and holding a gun on the clerk while the defendant stole cash and lottery tickets was sufficient to support the defendant's convictions for armed robbery, aggravated assault, and possession of a firearm during a felony. 2d 812 (2005) robbery counts did not merge for sentencing. § 16-5-21(a)(1), required proof of at least one additional fact which the offense of robbery by intimidation, O. Solomon v. 27, 277 S. 2d 1 (1980), cert. Proof was insufficient to sustain a conviction for armed robbery, where defendant initially snatched money from a store cash register but did not use a weapon to obtain it, the money was retrieved by the store manager, defendant sought to re-acquire it by using defendant's weapon, the manager refused to yield to defendant's threat, and nothing of value was obtained by use of an offensive weapon. The jury was entitled to find that the defendant obtained physical possession of the three rings in response to the first demand; it was irrelevant how long the defendant retained possession of those rings.
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Trial court had sufficient evidence to convict a defendant of armed robbery and possession of a firearm during the commission of a crime as a party to those crimes by aiding and abetting, pursuant to O. 689, 428 S. 2d 820 (1993). § 16-8-41(a), hijacking a motor vehicle, O. Kemp, 753 F. 2d 877 (11th Cir. Nicholson v. 2d 487 (1991). Dixon, 286 Ga. 706, 691 S. 2d 207 (2010). It was not sufficient that force was used against a person subsequent to taking, although it may be part of the same "continuing transaction. " Hicks v. 393, 207 S. 2d 30 (1974).
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§ 16-8-41(a) when the victim identified the defendant shortly after the victim's purse was taken from the victim by gunpoint at a payphone, some of the victim's personal belongings were discovered in the defendant's possession, and the defendant led the victim and a police officer to the remainder of the victim's belongings hidden in the woods and the defendant's car. Crowley v. 755, 728 S. 2d 282 (2012). Offense of armed robbery is committed merely by armed taking of "property of another, " regardless of whether the property's value is great or small. Aggravated assault charge did not merge with an armed robbery charge because separate facts were used to prove each crime and the elements of each crime were separate. Watkins v. 766, 430 S. 2d 105 (1993), overruled on other grounds, West v. Waters, 272 Ga. 591, 533 S. 2d 88 (2000) of weapon subsequent to taking is insufficient. Sufficient evidence existed to support the defendant's conviction for armed robbery in a case where the defendant and the defendant's accomplices used a weapon to forcibly keep the victim away from the victim's property, including the victim's wallet, while the property was being taken. Armed robbery and aggravated assault with deadly weapon are separate crimes; one is not included in the other and neither prohibits a designated kind of conduct generally while the other prohibits specific instance of such conduct. Evidence was sufficient to support the convictions of murder, armed robbery, aggravated assault, burglary, and a statutory violation, all in violation of O.
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§ 40-6-395(b)(5)(A), whereas the defendant faced a sentence of life without parole were the defendant convicted of armed robbery. A sheet from her son's bed had been placed over her face, her legs were being held, and someone was whispering in her ear to be quiet or they would kill her children. Because an attempted armed robbery began when the defendant kicked down the victim's door, entered the victim's home with a firearm, and demanded that the victim give it up, and continued as the victim and a codefendant struggled outside; after the victim was able to run away, the codefendant shot the victim twice; the robbery and aggravated assault were separate offenses and did not merge. 311, 370 S. 2d 160, cert. Sufficient evidence was presented to convict a defendant of armed robbery based on the identification of the defendant by the victims of the first robbery and the defendant's admission to committing a second, similar robbery.
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Pattern jury instruction including witness's degree of certainty in identification. Evidence is sufficient for conviction for murder, felony murder, aggravated assault, armed robbery, and possession of a firearm during the commission of a felony based on sufficient evidence describing the defendant's encounter with the victim, an eyewitness's identification, and similar transaction evidence used to show identity and a course of conduct. 1981) constitutes an offensive weapon. Failure to state in indictment value of goods stolen. § 16-11-106(b) and (e). Life sentence was properly imposed since the statute permitted such a sentence, even without consideration of a recidivist count. § 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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Evidence that the defendant committed an armed robbery was not based solely on the uncorroborated testimony of the defendant's accomplice. In a trial for armed robbery and kidnapping, the trial court does not err in instructing the jury on the law of conspiracy although conspiracy was not charged in the indictment, where the conspiracy instruction was properly adjusted to the evidence. Conspiracy to commit armed robbery sufficient. State, 316 Ga. 821, 730 S. 2d 541 (2012)'s identification sufficient. Bates v. 855, 750 S. 2d 323 (2013). Aggravated assault count merged into the conviction for armed robbery because the trial court failed to recognize that both charges arose from the same conduct, that of threatening the victim at gunpoint to make the victim open the cash register so the assailants could take cash and checks inside. Shabazz v. State, 293 Ga. 560, 667 S. 2d 414 (2008). Talbot v. 636, 402 S. 2d 366 (1991). Gay v. 811, 833 S. 2d 305 (2019), cert.
Trial court did not err in convicting the defendant of armed robbery of a restaurant, O. As a robber's unique shirt was recorded by a convenience store security camera, and the defendant's love interest identified it as the defendant's shirt, and as the defendant could not say exactly where the defendant was that evening, the evidence was legally sufficient to sustain the convictions for armed robbery and possession of a firearm during the commission of a felony. Evidence was sufficient to enable a rational trier of fact to find the defendant guilty beyond a reasonable doubt of armed robbery as the defendant shot the victim twice in the head from behind, took the victim's money and marijuana, and divided the money and shared the marijuana with others. § 16-8-41(a); the defendant's statements provided evidence that the robbery occurred, statements by an accomplice implicating the defendant were properly admitted under the coconspirator exception to the hearsay rule, and statements by additional witnesses provided corroboration of statements the accomplice made. § 16-8-41 because although the defendant did not actually use a weapon, the defendant's accomplice's use of a weapon could be attributed to the defendant because under O. § 16-8-41(a), because at trial, the victim identified the defendant as matching the description of one of the men who attacked the victim, and the defendant admitted to being with the codefendant on the night of the offense. Evidence that the defendant approached the victim from behind and struck the victim after the victim received cash in payment for delivering pizza and that the defendant attempted to use an automotive water pump to hit the victim was sufficient to support the defendant's convictions for aggravated assault and criminal attempt to commit armed robbery. Evidence supported finding the defendant guilty under O. Evidence was sufficient to enable a rational trier of fact to find the defendant guilty of malice murder, conspiracy to commit armed robbery, and possession of a firearm during the commission of a crime because the defendant's claim that pursuant to O.
Without an element of intimidation, threat, force, or snatching, taking property that belongs to another would be dealt with as a theft crime. CV416-153, CR405-139, 2017 U. LEXIS 96676 (S. June 22, 2017). Identification of defendant by accomplice. Since the victim had just pulled into the parking lot of the victim's employer when the defendant pointed a gun at the victim and demanded the victim's wallet, the defendant's confession to the crime, the defendant's presence near the crime scene, and the defendant's possession of the victim's credit card were evidence of guilt and therefore sufficient to support the defendant's armed robbery conviction under O. § 16-8-41(a)'s language of "device having the appearance of such weapon. "
Butts v. 766, 778 S. 2d 205 (2015). 687, 327 S. 2d 808 (1985). State, 345 Ga. 107, 812 S. 2d 363 (2018). Due to the serious penalties in cases of armed robbery and the unforgiving attitude towards suspected offenders, it is absolutely essential that you contact our federal criminal defense attorneys the moment you learn you've been charged with such an offense.