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Ford-Calhoun v. State

The evidence did not support a finding that the defendant committed aggravated assault by pointing a gun at the victim, since the victim testified that she never saw a gun in the defendant's possession.

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Roslynn Ford-Calhoun was convicted along with her co-defendant and husband, Preston Calhoun, of armed robbery,1 four counts of aggravated assault,2 and false imprisonment.3 While Ford-Calhoun’s motion for new trial was pending, this Court vacated Calhoun’s conviction as to one count of aggravated assault.4 Based on this Court’s ruling, the trial court granted in part Ford-Calhoun’s motion for new trial, vacating the same count of aggravated assault. Ford-Calhoun now appeals, arguing that 1 the trial court erred by improperly charging the jury as to two counts of aggravated assault; and 2 the evidence was insufficient to support the conviction of false imprisonment. For the reasons that follow, we affirm in part and reverse in part.

Viewed in favor of the verdict,5 the evidence at trial showed that Ford-Calhoun participated in two separate armed robberies of business establishments with Calhoun during late 2007.6 During the first incident “Dollar General robbery”, Ford-Calhoun entered the store and, using her cell phone, alerted Calhoun to enter the store at an opportune moment. During the second incident “Cato Fashions robbery”, Ford-Calhoun began speaking with store employees prior to her husband’s separate entry into the store.

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