Alexis v. State

Testimony that the armed robbery occurred within sight of the intersection of two specific roads, and that the area near the intersection was in a certain county, was sufficient to prove venue.

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A DeKalb County jury found Todd Alexis guilty of two counts of armed robbery, OCGA § 16-8-41 a; two counts of aggravated assault with intent to rob, OCGA § 16-5-21 a 11; and one count of criminal attempt to commit armed robbery, OCGA § § 16-4-1, 16-6-41 a. Alexis appeals from the denial of his motion for new trial, contending that his trial counsel was ineffective, that the trial court erred in admitting photographic evidence, and that the State failed to prove the venue of one of the armed robberies beyond a reasonable doubt. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,2 the record reveals the following relevant facts. At about 11:00 p.m. on September 22, 2008, Alexis and his friends, Christopher Lee and Stephen Wyatte, were driving around in Lee’s maroon Buick, talking about robbing someone. They spotted a man walking along the sidewalk on Panola Road near Cavalier Crossing in Lithonia, Dekalb County, and they decided to rob him. Lee pointed a replica of an AK-47 machine gun at the man and said: “Give me everything you’ve got.” Alexis also had a weapon, a black handgun. A third man, Wyatte, stayed in the car. The victim gave the robbers his wallet, credit cards, and $80. At trial, the victim identified Alexis as one of his robbers, and he also identified the car and weapons used in the crime.

Around 11:00 p.m. on September 25, 2008, Alexis, Lee, and Wyatte decided to commit another robbery. They saw a man walking along the sidewalk on DeKalb Medical Parkway in DeKalb County, and Lee parked his car near the man. Lee and Alexis got out the car, brandishing their weapons. This time Alexis had the AK-47 and Lee, the handgun. The robbers took the victim’s wallet, cash, cell-phone and other possessions. At trial, the victim identified Alexis as one of the men who robbed him and also identified the car and the weapons used in the crime.

Alexis v. State

Testimony that the armed robbery occurred within sight of the intersection of two specific roads, and that the area near the intersection was in a certain county, was sufficient to prove venue.

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