Boccia v. State

The evidence was sufficient to support the defendant's convictions for armed robbery, battery and carrying a weapon in a school safety zone arising from an altercation that occurred behind a fraternity house on the Georgia Tech campus following a University of Georgia-Georgia Tech football game.

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Daniel Boccia and Brandon Cesari were tried jointly before a jury for crimes resulting from an altercation that occurred behind a fraternity house on the campus of the Georgia Institute of Technology Georgia Tech. Both men were indicted for armed robbery OCGA § 16-8-41; two counts of aggravated assault with intent to rob OCGA § 16-5-21 a 1; carrying a weapon in a school safety zone OCGA § 16-11-127.1; and battery OCGA § 16-5-23.1.1 The jury convicted Boccia, who at the time of the crimes was a 21-year-old student at Georgia Perimeter College, of armed robbery, battery, and carrying a weapon in a school safety zone, but acquitted him on the two aggravated assault counts.2 He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support his convictions for armed robbery and carrying a weapon in a school safety zone, that the trial court erred in how it instructed or failed to instruct the jury, and that the trial court erred in making comments that allegedly interfered with the plea negotiations. He also argues that his trial counsel was ineffective. For the reasons that follow, we affirm.3

The facts, as outlined in our earlier opinion in the related Cesari case, are as follows:

Boccia v. State

The evidence was sufficient to support the defendant's convictions for armed robbery, battery and carrying a weapon in a school safety zone arising from an altercation that occurred behind a fraternity house on the Georgia Tech campus following a University of Georgia-Georgia Tech football game.

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