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Bishop v. State

The state provided the defendant with sufficient notice when it included an arrest warrant for a previously-committed crime with its notice of intent to present similar transaction evidence, since the earlier case was not yet indicted.

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Following a jury trial, Fredrick Bishop was convicted of robbery by intimidation, robbery, terroristic threats, and criminal trespass. Following the denial of his motion for new trial, he appeals, contending that the trial court erred in admitting similar transaction evidence, and in failing to tailor the charge on similar transaction to the specific purpose for which it was admitted. Following our review, we affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence.” Citations, punctuation and footnotes omitted. Jackson v. State , 252 Ga. App. 268 1 555 SE2d 908 2001. So viewed, the evidence shows that on the afternoon of September 2, 2008, a man entered a CVS Pharmacy and asked the store clerk if his identification was there. After the clerk checked and informed him that his identification was not in the store, the man asked her for help locating bandages. The clerk testified that the man had a bloody bandage on his arm. When she rang the purchase up, the man told her not to close the cash drawer, jumped over the counter, and took the money out of the register. The clerk testified that the man was carrying a book bag, and that although she knew that he was a “black man,” she could not identify him.

A customer was on the phone outside the door when the robber ran out. He knocked her down, grabbed the car keys from her hand, and when she tried to stop him, threatened to “kill her” if she did not move. The woman identified Bishop as the man she saw run out of the store and take her car. She also testified that she saw a white bandage around Bishop’s arm.

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