Taylor v. State

The evidence showed that the defendant and his co-defendant drove to the crime scene together and gained entry to the burglarized home by breaking through a glass door, whereupon the defendant shot the victim twice, then stole his wallet, driver's license, credit cards and $6K in cash.

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A jury convicted Maurice Antonio Taylor of single counts of armed robbery OCGA § 16-8-41 a, aggravated assault OCGA § 16-5-21 a 1, burglary OCGA § 16-7-1 a, and possession of a firearm during the commission of a crime OCGA § 16-11-106 b. On appeal, he challenges the sufficiency of the evidence and asserts that the trial court abused its discretion in denying his amended motion for new trial based upon newly discovered evidence. This Court reviews the denial of a motion for new trial upon the ground of newly discovered evidence for an abuse of discretion. “Motions for new trial upon the ground of newly discovered evidence are addressed to the sound discretion of the trial judge, and a refusal to grant the motion will not be reversed unless that discretion is abused. Furthermore, the trial court’s determination is entitled to great consideration.” Footnotes, citations, and punctuation omitted. Rivera v. State , 296 Ga. App. 152, 153 2 673 SE2d 642 2009.

Viewed in the light most favorable to the jury’s verdict Davis v. State , 275 Ga. App. 714, 715 1 621 SE2d 818 2005, the evidence shows that in the late evening of April 17, 2006, Robert James Ward, Jr., heard the sound of breaking glass and the scream of his nine-year-old nephew. When Ward went to investigate the matter, he encountered Charles Daniel Mitchell, Taylor’s co-defendant. Ward knocked Mitchell to the floor, knocking Mitchell’s gun from his hand as he did so. Seeing this, Taylor shot Ward twice in the back. As Ward lay on the floor disabled, Taylor went through Ward’s pockets, stealing his wallet, driver’s license, credit cards, and $6,000 in cash.

Taylor v. State

The evidence showed that the defendant and his co-defendant drove to the crime scene together and gained entry to the burglarized home by breaking through a glass door, whereupon the defendant shot the victim twice, then stole his wallet, driver's license, credit cards and $6K in cash.

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