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Epps v. State

The defendant admitted to being at the scene of the three armed robberies in question, helping his co-defendant remove items from the first victim's home and using the victims' bank cards in an attempt to withdraw money.

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A jury found Derrick Raymond Epps guilty of three counts of armed robbery. Epps appeals, challenging the sufficiency of the evidence. He also argues that the trial court improperly allowed the state to violate the rule of sequestration. For reasons that follow, we affirm. 1. On appeal from his criminal conviction, Epps no longer enjoys a presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict.1 So viewed, the evidence shows that around midnight on April 14, 2004, two men accosted Tianrong Liu as he entered his residence at The Falls apartment complex in Gwinnett County. One man held a gun on Liu, while the other took various items from Liu and his apartment, including his wallet, several bank credit cards, checkbooks, and a jacket. The men then fled.

Four days later, Stephanie Saldana and Richard Flechas-Bonilla were robbed at the same apartment complex. Saldana testified that she and Flechas-Bonilla were returning to her apartment around 5:30 a.m. when two men approached them from behind on a stairway. One of the men pointed a gun at them and demanded their possessions. Saldana gave him her driver’s license and bank card, and Flechas-Bonilla handed over his wallet, watch, and a bracelet. The man with the gun threw the wallet to the other individual, who looked through it. After taking the possessions, the men ran from the scene.

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