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Jones v. State

The trial court properly admitted similar transaction evidence, despite the fact that the State did not provide 10 days notice of its intent to present such evidence, since the defendant's bench trial for the similar transaction occurred only a few months before the current trial and he had the same trial counsel for both, so he was well aware of the evidence contained in the similar transaction

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Following the denial of his motion for new trial, Wesley L. Jones appeals his armed robbery and possession of a firearm during the commission of a felony convictions and contends that the evidence was insufficient, the State did not provide sufficient notice of its intent to present evidence of similar transactions, the trial court erred in admitting hearsay testimony, and that his trial counsel was ineffective. Following our review, we affirm.

In undertaking an appellate review of a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. English v. State, 301 Ga. App. 842, 842 689 SE2d 130 2010. So viewed, the evidence demonstrates that at approximately 2:00 a.m. on December 10, 2004, a clerk was working in a convenience store when a man entered the store, pointed a gun at him, and demanded money. The clerk gave the robber the money from the cash register, and was then instructed to open the safe. When the clerk could not open the safe, the robber became angry, chambered a round in the gun, and pointed it at the clerk and at a second clerk who was also working. The second clerk was able to open the safe and give the money inside to the robber, who then left the store.

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