Harrell v. State

The evidence did not support the defendant's armed robbery conviction since the defendant used his knife to assault the victim after he had already taken the victim's wallet and did not use the knife prior to or while taking the victim's money.

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Following a jury trial, Clifton Commodore Harrell was convicted of seven counts, Count 1, armed robbery OCGA § 16-8-41; Count 2, aggravated assault with intent to rob OCGA § 16-5-21; Count 3, aggravated assault with a knife OCGA § 16-5-21; Count 4, robbery by force and intimidation OCGA § 16-8-40; Count 5, battery OCGA § 16-5-23.1; Count 6, possession of a knife during commission of a felony OCGA § 16-11-106; and Count 7, contributing to the delinquency of minor Whitney Bonds OCGA § 16-12-1. Harrell filed a motion for new trial, which was partially denied.1 On appeal, he contends that the evidence was legally insufficient and that the trial court violated OCGA § 17-8-57 by cross-examining a witness and intimating to the jury her opinion of the witness’s credibility. We reverse the conviction of armed robbery, affirm the legal sufficiency of the evidence on the remaining counts, remand to the trial court for resentencing, and find no error in the trial court’s questioning of the witness.

In weighing the sufficiency of the evidence, this Court construes the evidence at trial, and all reasonable inferences from it, most strongly in favor of the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. Brown v. State, 293 Ga. App. 633-634 667 SE2d 899 2008. We do not weigh the evidence or decide the witnesses’ credibility, but only determine if the evidence is sufficient to sustain the convictions. Id.

Harrell v. State

The evidence did not support the defendant's armed robbery conviction since the defendant used his knife to assault the victim after he had already taken the victim's wallet and did not use the knife prior to or while taking the victim's money.

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