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Swimming Pool Lyrics Front Bottoms | 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

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Prosecutors will intensely pursue convictions and the imposition of tough sentences. Tracking dog evidence properly admitted. Sufficient evidence supported the defendant's armed robbery conviction, despite the defendant's claim that the defendant took nothing from the victim and did not point a weapon at the victim, because: (1) it was undisputed that the crime occurred; and (2) whether the defendant or the defendant's accomplice pointed the gun and took the property, the defendant could be convicted through the defendant's role as a party under O. Possession of a firearm during the commission of a felony did not merge with an attempted armed robbery conviction because the crime of possession of a firearm is considered to be a separate offense under O. § 16-8-41, for a violation of the defendant's right to due process because the defendant failed to show that the defense was prejudiced by the six year delay between the commission of the crime and the defendant's arrest or that the state deliberately delayed the arrest to obtain a tactical advantage; the defendant was arrested and indicted for armed robbery, a noncapital felony, within the applicable seven-year statute of limitation, O. Trial court did not err in refusing to instruct the jury as requested by both the defendants as to a charge of armed robbery, but properly gave the pattern jury charge instead as the charge given covered the principle of law in the requested charge.

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Evidence was sufficient to support the defendant's armed robbery conviction since: (1) the victim testified that within days of the armed robbery, the victim saw the second gunman and learned the gunman's identity; (2) the victim identified the defendant from a photo array; (3) at trial, the victim expressed certainty that the defendant was the second robber; and (4) the victim also identified the small pistol found inside a nearby residence as the one used by the defendant during the crime. Herbert v. 843, 708 S. 2d 260 (2011). 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. That testimony was sufficient to send to the jury the question of whether the defendant had committed armed robbery. LEXIS 29169 (N. D. Ga. 2016)(Unpublished). Murphy v. State, 333 Ga. 722, 776 S. 2d 657 (2015). Engrisch v. 810, 668 S. 2d 319 (2008). Doublette v. 746, 629 S. 2d 602 (2006). 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. McKinney v. 32, 619 S. 2d 299 (2005). Terrell v. 173, 601 S. 2d 500 (2004) to withdraw guilty plea. Evidence was sufficient to sustain defendant's convictions as a party to the offenses of armed robbery, kidnapping, false imprisonment, burglary, and aggravated assault with a deadly weapon, in violation of O. Bradford v. State, 327 Ga. 621, 760 S. 2d 630 (2014). Counts 1 and 3 should have been merged for sentencing purposes because defendant did not commit separate armed robberies against restaurant manager, but instead committed a single armed robbery in which property belonging to restaurant manager and the restaurant was taken.

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Accordingly, the evidence corroborating the accomplice's testimony was sufficient to authorize the jury's determination that the codefendants were guilty beyond a reasonable doubt as parties to armed robbery, O. When the defendants each raped the victim while keeping a pillow over her face, causing her difficulty in breathing, and after the assault and while still keeping the pillow on her face, the men bound her by rolling her up in a sheet and rummaged through the house, taking her purse and its contents and approximately $300, it could not be said as a matter of law that the way the pillow and sheets were used could not make them into deadly weapons. § 24-14-8), the jury was authorized to accept the cashier's identification testimony; accordingly, the evidence was sufficient to support the defendant's conviction for armed robbery. 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. §§ 16-8-41(b) and17-3-1(b); as the exact date of the commission of the crime was not a material allegation of the indictment, the commission of the offense could be proved to have occurred any time within the limitations period. 2d 483 (2005) offender treatment not available for armed robbery conviction. In order to establish armed robbery a showing is required that the defendant took property by force and that the force was exerted prior to or contemporaneous with the taking.

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Trial court did not err in refusing to give the jury a lesser included instruction on robbery by intimidation in defendant's armed robbery trial, as the evidence showed the completed offense of armed robbery where defendant displayed a screwdriver during the robbery to a store clerk, and defendant admitted that defendant carried the screwdriver during the robbery. § 24-14-8) by the victim's recognition of the defendant's voice from the shouted conversation during the robbery and by the defendant's resistance and flight when police arrived. As the armed robberies and aggravated assaults the defendant was charged with were committed against the different victims, the crimes did not merge as a matter of law or fact. 910, 96 S. 3222, 49 L. 2d 1218 (1976), execution of death sentence stayed pending action on rehearing petition, 497 U. Aggravated assault count merged into robbery count since the only aggravated assault (committed by the defendant) shown by the evidence was that by which the commission of the robbery was effectuated.

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1117, 130 S. 1051, 175 L. 2d 892 (2010). Evidence was sufficient to support convictions for aggravated assault, aggravated battery, armed robbery, and kidnapping. § 16-1-7, a defendant's aggravated assault conviction did not merge into the defendant's robbery by intimidation conviction. § 16-2-20, the evidence was sufficient to convict the defendant of armed robbery. Failure to state in indictment value of goods stolen. Threats by word or gestures are the most usual means of intimidation and of themselves are sufficient to imply violence. 421, 447 S. 2d 714 (1994); Hill v. 9, 550 S. 2d 422 (2001). Pattern jury instruction including witness's degree of certainty in identification. Sufficient evidence existed to support the defendant's conviction for armed robbery of a gas station convenience store, in violation of O.

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Huff v. 573, 636 S. 2d 738 (2006). Fact that accused and accomplices gained possession of article taken from victim by snatching same from the victim's possession does not operate to reduce offense to robbery by intimidation or robbery by sudden snatching where at time snatching took place, victim and the victim's companion were under restraint of offensive weapons. Todd v. 459, 620 S. 2d 666 (2005). Defendant's claim to the contrary notwithstanding, the record was replete with evidence corroborating the testimony of defendant's accomplice which identified the defendant as one of the perpetrators of an armed robbery. Smashum v. 41, 666 S. 2d 549 (2008), cert. The corroborating victim's initial inability to identify the defendant posed an issue of credibility for the jury's resolution and did not require reversal. When a defendant convicted of armed robbery asserted the trial court erred in imposing a life sentence without hearing mitigating circumstances, the Court of Appeals found no error in this regard as there was no indication in the record that the defendant sought an opportunity to present mitigating evidence or that the defendant objected to going forward with the sentencing proceeding. Defendants' aggravated assault by striking a victim with a gun convictions merged into their armed robbery convictions as the robbery was not complete until the gunman struck the victim with the gun, thereby allowing defendant one to take the victim's money. Armed robbery is not a lesser included offense of malice murder. Although under Georgia law, a defendant could not be convicted solely upon the uncorroborated testimony of an accomplice, former O. § 16-8-21(a), into the defendant's armed robbery conviction, O. Evidence sufficient for purposes of juvenile delinquency adjudication. 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.

Evidence that the defendants entered the victim's apartment, took the victim by the hands and demanded money, shoved a gun into the victim's side and removed the victim's ring, watch, and money, and then forced the victim into a closet blocked with a heavy table with instructions not to come out until the defendants had left was sufficient to support convictions for false imprisonment, armed robbery, burglary, and possession of a firearm during the commission of a felony. Gardner v. 188, 582 S. 2d 167 (2003). Counsel was not ineffective by conceding the defendant's guilt on a fleeing and eluding charge in order to build credibility and avoid conviction on the more serious charges; the fleeing charge carried a five-year maximum sentence, O. Victim's testimony that the defendant was with the gunman and another man when all three men approached the victim and said to give them the victim's wallet and that the defendant and the other man told the gunman to make the victim empty the victim's pockets and get everything the victim had was sufficient to support the defendant's conviction for armed robbery. 2d 309 (2004) need not be seen by victim. Gatlin v. 500, 405 S. 2d 118 (1991). Upon the defendant's challenge to two armed robbery convictions, despite the fact that it was not explicitly stated in the indictment that the defendant intended to commit a theft, such intent was necessarily inferred from the allegation of the use of an offensive weapon to accomplish a taking. Bay v. 91, 596 S. 2d 229 (2004). Armed robbery convictions are upheld where items are taken out of physical presence of victim if what was taken was under the victim's control or his responsibility. Robbery is a crime against possession, and is not affected by concepts of ownership; therefore, the convictions on the robbery counts against each family member did not merge. See Coker v. 555, 216 S. 2d 782 (1975). §§ 16-7-1(a) and16-8-41(a), the jury could find that a conspiracy existed without regard to a coconspirator's statements under former O. Because the defendant's convictions for armed robbery and aggravated assault arose from the same act or transaction, the defendant's taking money from the victim at gunpoint, the defendant's aggravated assault conviction against that victim merged with the armed robbery conviction.

Lindsey v. 808, 743 S. 2d 481 (2013). § 16-1-7(a), the two convictions did not merge. Gonzalez v. 887, 703 S. 2d 433 (2010) instructions did not require unanimity. Identification and fingerprint evidence sufficient. Smallwood v. 247, 304 S. 2d 95 (1983); McGee v. State, 173 Ga. 604, 327 S. 2d 566 (1985). Trial court did not err when the court refused to merge the defendant's aggravated assault and armed robbery convictions because the armed robbery and aggravated assault were separate and distinct acts; the victim's testimony showed that the armed robbery was complete before the commission of the aggravated assault.

§ 16-11-106, and possession of a firearm by a first offender probationer under O. Both of the defendant's codefendants testified as to the defendant's participation in the events in question, which was sufficient evidence to find the defendant guilty; furthermore, the codefendants' testimony was corroborated by that of the victims. Wilson v. State, 344 Ga. 285, 810 S. 2d 303 (2018) fatal variance in indictment.