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Clemente v. State

There was sufficient evidence to support the defendant's conviction as a party to the crime of armed robbery.

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Doble Martinez Clemente was tried, along with two co-defendants,1 by a jury and convicted of armed robbery.2 Clemente now appeals the denial of his motion for new trial, as amended, contending that the evidence was insufficient to support his conviction. We disagree and affirm.

Viewed in the light most favorable to the verdict,3 the evidence shows that on February 2, 2007 at approximately 10:30 p.m., two masked gunmen confronted Rogelio Pineda-Orrozquieta at gunpoint outside his home at 708 Sheffield Road in Norcross and demanded money and drugs. After entering his home, the men forced Pineda-Orrozquieta into a bedroom along with his pregnant wife, young daughter, and a co-worker. Pineda-Orrozquieta and the co-worker were forced to kneel on the floor, and their hands were bound. Pineda-Orrozquieta also saw two additional intruders in another bedroom tying the hands of his brother-in-law and his friend. The intruders apparently believed Pineda-Orrozquieta was in possession of money from the sale of drugs and continued to demand money. When officers from the Norcross Police Department arrived in response to a 911 call placed by Pineda-Orrozquieta’s wife, they apprehended three intruders and seized two handguns. Shortly thereafter, police learned from the victims that there was a fourth man involved and within minutes began searching the surrounding area.

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