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Warner v. State

Some evidence supported the trial court's tacit finding that the defendant's parents' consent of the search of his bedroom was valid on the basis that the parents were the heads of the household in which he lived.

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Following a jury trial, Ronaldo Warner appeals his conviction of armed robbery1 and possession of a gun during a crime.2 He contends that the trial court erred in denying his motions to suppress, in admitting similar transaction evidence, in excluding his proffered evidence of a bank robbery by another, in refusing to give a curative instruction regarding remarks in the State’s closing argument, and in disallowing reputation evidence from a high school football coach. We hold that these enumerations either lack merit or were waived below. Accordingly, we affirm. Construed in favor of the verdict, Davis v. State ,3 the evidence shows that on May 26, 2007, three young males of a minority race covered their faces with bandanas and entered a convenience store. One of the young men, who had dreadlocked hair and wore a distinctive, multi-colored baseball cap that bore the lettering of two words on the front portion, brandished an AK-47 assault rifle while a second young man wearing an Atlanta Braves baseball cap brandished a handgun. In response to their demands for money, the store clerk opened the register, allowing the third young man to empty the machine of its contents into a bag and to take some merchandise. When the robbers fled, the store clerk exited the store and was able to partially identify their escape vehicle by noting the vehicle’s dark color and the first three letters AQN on its license tag.

In response to a 911 call, police soon arrived to investigate. They learned that the robbery had been recorded on videotape from three different angles, but that the robbers’ masks and the quality of the video precluded a clear identification of the perpetrators. One video did record a robber referring to the dreadlocked-hair robber with the AK-47 as “Ronaldo.”

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