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Minor v. State

The evidence sufficiently supported the defendants' convictions for armed robbery and attempted armed robbery.

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Duvalle Rene Minor and Robert Anthony Clayton were tried together and convicted of the crimes of armed robbery and criminal attempt to commit armed robbery arising out of the same incident. Minor and Clayton appeal following the trial court’s denial of their motions for new trial. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict,1 the evidence shows that on the night of December 19, 2011, Jose Hernandez “J. H.” and Bardomiano Hernandez “B. H.” collectively “the victims”, were walking along a pathway off Franklin Road in Cobb County on their way home from the store when they were suddenly attacked by two men. The men were wearing black, or dark, clothes with long sleeves. Both men had hoodies or caps over their heads, and the shorter of the two men had a gun. As B. H. began to struggle with the shorter man, the man’s hoodie fell, and the victims were able to see him and could identify his face and hair. The shorter man was trying to go through B. H.’s pockets, and when B. H. resisted, the man hit him in the face with the gun, causing him to fall to the ground. Meanwhile, the other, taller man stuck his hand in J. H.’s jacket pocket and grabbed his cell phone. J. H. started backing away, out of the darkness, because he could not tell if the taller man also had a weapon. J. H. saw a patrol car nearby and started shouting.

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