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Marcia-Hernandez v. State

Any possible error in admitting detective's testimony that two knives were collected at crime scene was harmless, because the testimony was cumulative and the evidence was overwhelming.

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Alexander Marcia-Hernandez was charged with criminal attempt to commit armed robbery1 and aggravated assault.2 A Gwinnett County jury found him guilty of both counts, and he was sentenced to serve ten years. Marcia-Hernandez appeals, arguing that the trial court erred by allowing the State to introduce hearsay testimony. We affirm, for reasons that follow. Construed in favor of the verdict,3 the evidence shows that Abad Merino-Merino was walking home after work when three men approached him and offered to sell him a set of binoculars. After Merino told the men that he did not have any money to buy the binoculars, the three men moved to his side, and two of them grabbed him. According to Merino, one of the men put a knife to his stomach and threatened to kill him if he didn’t give them his money; the second man went through the victim’s pockets. The third man, who was looking through the binoculars, indicated that the police were coming, and the other two men released Merino. Merino flagged down the police, and they apprehended one of the men immediately. The police apprehended the other 2 men approximately 150 to 200 feet from the incident. Merino identified all three men as his attackers, and he directed the police to a knife that one of the assailants threw to the ground.

At trial, Merino identified Marcia-Hernandez as one of the two men who grabbed him and testified that Marcia-Hernandez was not the man who used the binoculars. Merino also identified the knife that he pointed out to the police, which was entered into evidence.

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