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Trial court properly instructed the jury that "the appearance of such weapon", within the meaning of O. Hudson v. 895, 508 S. 2d 682 (1998). 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.
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§ 16-11-37(a), hoax devices, O. 209, 413 S. 2d 533 (1991). The sentence for a second conviction of armed robbery comes with life without the possibility of parole. Timmons v. 489, 304 S. 2d 453 (1983) robbery is capital offense for speedy trial purposes. Barnett v. 588, 420 S. 2d 96 (1992). 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.
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Broyard v. 794, 755 S. 2d 36 (2014). Failure to consider mitigating circumstances while sentencing. State, 354 Ga. 525, 841 S. 2d 192 (2020). To avoid potential Bruton issues, the state introduced only those portions of the codefendant's9-1-1 calls or custodial statements made establishing that the codefendant was at the scene of two robberies, that the codefendant's vehicles were used, and that the codefendant sent police to a motel room to investigate the robberies, but refused the additional portions of the statements that tended to support the codefendant's defense that the codefendant was coerced into participating in the crimes. 2d 30 (1989); Johnson v. 56, 392 S. 2d 280 (1990); Ramey v. State, 206 Ga. 308, 425 S. 2d 385 (1992); Smith v. State, 247 Ga. 173, 543 S. 2d 434 (2000). 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. Hulett v. 49, 766 S. 2d 1 (2014), cert. Court rejected the defendant's argument that the evidence was insufficient to support the defendant's conviction of armed robbery under O. For armed robbery charges to apply, it is critical to the prosecution that they establish that a weapon was intended to be used.
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Shepherd v. 75, 214 S. 2d 535 (1975). 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. Even if defendant decided to take victim's money only after twice shooting the victim, the jury was authorized to find that the offense of murder was committed while defendant was engaged in the commission of the offense of armed robbery. The posture of such a case is that defendant has been validly convicted but has had a void sentence imposed which in law amounts to no sentence at all. § 16-8-41, and both crimes shared the "intent to rob" element, the defendant's aggravated assault conviction merged into the armed robbery conviction. 38 caliber revolver and a cell phone, and an officer determined that the cell phone belonged to the third victim.
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A criminal defense attorney can help show that your weapon was never intended to be used. Trial court erred by failing to merge all of the aggravated assault convictions into the armed robbery conviction because all of the aggravated assault convictions were based on the defendant's commission of an assault with a deadly weapon. The Court continued, "There was evidence that the pillow was used in such a manner as might have produced death or great bodily injury, i. e., by suffocation. Since there was no evidence that a taking or a theft occurred at the time of the murder, the state failed to carry the state's burden of proving beyond a reasonable doubt that the defendant committed the underlying felony of armed robbery. An over-inclusive list of items alleged to have been taken in an indictment for armed robbery is not fatal to the validity of a conviction. For example, if someone were to keep their hand in their jacket and cause someone to believe they have a weapon, then that person could be convicted of armed robbery. Superior court judge has no jurisdiction to probate sentence imposed on conviction of armed robbery.
§ 16-8-21(a), into the defendant's armed robbery conviction, O. 212, 756 S. 2d 296 (2014). Jury was authorized to conclude that the defendant used a firearm to attempt to take money from the victim given the victim's testimony that the defendant pulled out a gun and asked the victim what the victim had in the victim's pockets. 1117, 130 S. 1051, 175 L. 2d 892 (2010). Brockington v. 533, 343 S. 2d 708 (1986). Banks v. 653, 605 S. 2d 47 (2004). In the Interest of M. P., 301 Ga. 153, 687 S. 2d 178 (2009). Evidence was sufficient to support the defendant's conviction for armed robbery as the evidence authorized the jury to find that the robber's acts created for the bank teller reasonable apprehension that the robber was threatening the teller with a grenade to force the teller to comply with the robber's demand for money. Proof of the defendant's direct commission of the crimes was not required because the jury could infer the defendant's participation from conduct before, during, and after the crime. Anyone charged with armed robbery is facing conviction of a crime that is one of the 1995 Seven Deadly Sins law. Evidence that defendant entered a pharmacy with a black plastic bag over defendant's hand and told the victim "I have a gun" was sufficient to establish the use of an offensive weapon in contravention of O. Brabham v. 506, 524 S. 2d 1 (1999).
McCullough v. 385, 830 S. 2d 745 (2019), cert. § 16-8-41(b) and (d) because, although the defendant was only 13 years old, the defendant participated in an armed robbery; the legislature's determination that the superior court has jurisdiction over minors 13 to 17 years of age who are alleged to have committed certain serious offenses is founded on a rational basis, including the need for secure placement of certain violent juvenile offenders and the safety of students and citizens of Georgia, O. Simmons v. 853, 805 S. 2d 615 (2017) of victim. Voice identification testimony, along with circumstantial evidence showing invaders were familiar with the internal operations and layout of the store, allowed the jury to reach the conclusion defendant was guilty of armed robbery, aggravated assault and possession of a firearm during the commission of a felony. Holcomb v. State, 230 Ga. 525, 198 S. 2d 179 (1973); Brown v. Caldwell, 231 Ga. 677, 203 S. 2d 542 (1974).
As the defendant was legally responsible for the acts of the accomplice under O. 523, 636 S. 2d 709 (2006), cert. Spradley v. 842, 625 S. 2d 106 (2005). Defendant committed armed robbery by stealing the victim's pistol and then stealing her pocketbook. United States, F. 2d (S. 1, 2017), aff'd in part and rejected in part, Nos.
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