Harp v. State

The defendant forced one victim to surrender money at gunpoint and took the money in the second victim's immediate presence.

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A Taylor County jury found Davoris Harp guilty of two counts of armed robbery and two counts of possession of a firearm during the commission of a crime. On appeal, Harp contends that the evidence was only sufficient to convict him for one count of armed robbery and one count of possession of a firearm during the commission of a crime. We disagree. Viewed in the light most favorable to the jury’s verdict, the evidence showed that Harp and another male approached P.H. and his girlfriend, D.M., outside their home. Harp pointed the gun at P.H.’s face and demanded money. When P.H. responded that he had no money, Harp turned the gun on D.M. She also denied having any money. Eventually, P.H. took his “papers” out of his shirt pocket, handed them to D. M., and asked her to “show them I don’t have no money.” D.M. rummaged through the papers and found a $20 bill, which Harp directed she give to Harp’s companion.

“A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.” OCGA § 16-8-41 a. “Robbery is a crime against possession, and is not affected by concepts of ownership.” Citation omitted. Carter v. State , 156 Ga. App. 633 3 275 SE2d 716 1980. Thus, if property owned by two different persons is taken from a single victim in a single transaction, there is only one robbery. Creecy v. State , 235 Ga. 542, 544 5 221 SE2d 17 1975. On the other hand, if property is taken from the immediate presence or the actual or constructive possession of more than one victim, “the defendant may be charged with the robbery of each victim.” Green v. State , 265 Ga. App. 126, 128-129 2 592 SE2d 901 2004. See also Kelly v. State , 234 Ga. App. 893, 894-895 2 508 SE2d 228 1998; Walker v. State , 206 Ga. App. 81, 82 2 424 SE2d 364 1992; Lawrence v. State , 198 Ga. App. 287, 290 3 401 SE2d 275 1991.

Harp v. State

The defendant forced one victim to surrender money at gunpoint and took the money in the second victim's immediate presence.

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