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Harris v. State

The evidence supported the defendant's conviction for conspiracy to commit armed robbery, even though the jury acquitted him on the charge of attempted armed robbery.

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A Hall County jury convicted Joseph Rodrius Harris of conspiracy to commit armed robbery and simple assault, but acquitted him of attempted armed robbery. Harris appeals from the denial of his amended motion for new trial, contending that the evidence was insufficient to support his conviction for conspiracy to commit armed robbery. For the following reasons, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.”1 So viewed, the evidence shows that in October 2007, Cecilia Allen picked up Harris in her car, along with three other men, two of whom had guns. Soon thereafter, Allen stopped, and the four men exited the vehicle and approached Joshua Johnson on his porch. Johnson did not recognize any of the men. While two men pointed their guns at Johnson, Harris told him to “give it up.” After Johnson responded that he did not have anything, Harris tried to grab and swing at Johnson. Fearing that he would be shot, Johnson opened the door to his house, ran inside, and locked the door. The assailants then left.

After Johnson told his mother what happened, they flagged down a passing police car and reported the events, describing the assailants and what Johnson believed to be their vehicle, a dark Impala. Later that night, the officer drove Johnson to a bus station where the Impala had been pulled over in a traffic stop, and Johnson was able to identify Harris as one of the men who tried to rob him. Johnson also identified Harris from a booking photograph. The other perpetrators were arrested later.

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