McBurrows v. State

Based on the totality of the circumstances, officers had a reasonable suspicion to believe that the vehicle and its occupants, including the defendant, were about to engage in criminal activity.

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Following a jury trial, Keith McBurrows was convicted of two counts of armed robbery OCGA § 16-8-41 a and two counts of possession of a firearm during the commission of a felony OCGA § 16-11-106 b 1.1 McBurrows appeals from the denial of his motion for new trial, contending that the trial court erred in: 1 denying his motion to suppress; 2 admitting bad character evidence; 3 allowing hearsay testimony; 4 allowing certain exhibits to go out with the jury in violation of the continuing witness rule; and 5 failing to conduct an in camera inspection of the State’s file and denying his request to copy and seal the file. McBurrows also contends that the trial court erred in charging the jury, and the State improperly referred to evidence in violation of the trial court’s ruling on a motion in limine. For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict,2 the evidence shows that on the night of March 21, 2003, the first victim went to a check-cashing store located on the corner of Campbellton Road and Delowe Drive in Atlanta. After she cashed her check, the first victim caught a bus to return to her apartment, which was located about five blocks away from the check-cashing store. Upon exiting the bus, the first victim walked across the street and onto the driveway that lead into her apartment complex. The first victim heard a car and then someone running up from behind her. When the first victim turned around, McBurrows was standing about five feet away and pointing a silver gun at her. McBurrows demanded the victim’s purse, which contained approximately $193 in cash. After the first victim gave her purse to McBurrows, he returned to the car and left the apartment complex and headed in the direction of the check-cashing store. The first victim then ran into her apartment and called the police. The first victim described the vehicle as 1994 two-door, dark-blue Ford Thunderbird that had a drive-out tag.

McBurrows v. State

Based on the totality of the circumstances, officers had a reasonable suspicion to believe that the vehicle and its occupants, including the defendant, were about to engage in criminal activity.

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