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Davis v. State

Taken in context, an investigator's response to a question from the prosecutor, in which he stated that "nobody" had provided an alibi for the defendant, did not constitute a comment on the defendant's post-arrest silence.

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A Polk County jury found Reginald Davis guilty beyond a reasonable doubt of armed robbery, OCGA § 16-8-41 a; kidnapping, OCGA § 16-5-40; hijacking a motor vehicle, OCGA § 16-5-44.1; and theft by taking, OCGA § 16-8-2. Following the denial of his motion for a new trial, Davis appeals, contending that the evidence was insufficient as to venue and that the trial court erred in denying his motion for a mistrial which was based upon testimony he claims constituted an improper comment upon his choice to remain silent. For the reasons explained below, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows the following. On August 24, 2011, Davis enlisted the help of his co-defendant, Marquita Alford, and another woman in his plan to rob the victim. Knowing that the victim was interested in having sex with the other woman, Alford offered to arrange a meeting between the victim and the other woman, who acted as “bait.” When the victim arrived in his car at the agreed time to pick up Alford and the other woman, the women were walking on South Martiele Street, between Davenport Street and Cleo Street, in Cedartown. Alford got in the backseat, and the other woman got in the front seat. Davis was waiting in the same block in his own car with the engine running, ready to follow.

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