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Attaway v. State

The evidence did not support the defendant's conviction for armed robbery, since the State failed to show that his use of a knife occurred prior to or contemporaneously with his taking of merchandise from a store, since he already had possession of the items when employees confronted him and he wielded a knife.

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A Richmond County jury convicted Tracey Antonio Attaway of one count of armed robbery OCGA § 16-8-41 a, one count of aggravated assault OCGA § 16-5-21 b 2 and two counts of possession of a knife during the commission of a crime OCGA § 16-11-106 b. He appeals from that conviction, arguing that the evidence was insufficient to support his convictions and that he was improperly sentenced on the armed robbery conviction. For the following reasons, we reverse Attaway’s convictions for armed robbery and one count of possession of a knife during the commission of a crime, affirm his remaining convictions, and remand the case to the trial court for re-sentencing.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence adduced at trial shows that the day after Thanksgiving, Kevin Laird, a loss prevention manager at Best Buy, was informed that a co-worker observed Attaway open a sealed box and attempt to put a laptop computer down his pants. As Laird approached Attaway, he observed the laptop box in Attaway’s shopping cart and noticed that he was trying to conceal a laptop with his shirt. Laird told Attway that he needed to recover the evidence, and Attaway responded that he did not know what Laird was talking about. Tommy Walker, another store employee, approached, and Attaway tried to run away. Attaway and Walker were involved in a scuffle which knocked over several customers and store displays. Laird testified that Attaway pulled out a knife to effectuate his escape during the scuffle. Laird told the crowd of customers to get away because Attaway had a knife, and Attaway ran out the store’s front door. Attaway dropped the laptop while running. After checking on those inside, Laird went to the door and saw Attaway scuffling with some Marines who had been collecting items for Toys for Tots outside.

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