Wesby v. State

The defendant's mother, as head of the household, had authority to consent to a search of his room.

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A Richmond County jury found Tyrone Wesby guilty of two counts of armed robbery, OCGA § 16-8-41 a; and two counts of possession of a firearm during the commission of a crime, OCGA § 16-11-106 b 1. Wesby appeals from the denial of his motion for new trial, contending the trial court erred in denying his motion to suppress evidence, in refusing to suppress identification testimony, and in failing to require further jury deliberations after a juror expressed reservations about her verdict. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the record reveals the following relevant facts. During the evening of July 19, 2006, Wesby robbed two barbers in Jamaal’s Barber Shop in Augusta. One of the barbers was cutting the hair of a three-year-old child when Wesby entered the shop, brandished a small chrome handgun at the barber, and demanded his money. After taking money from the first barber, Wesby pointed the pistol at the other barber and took his money. The robbery was witnessed by the child’s godmother, who was sitting nearby. Although Wesby wore a bandana as a mask, all three witnesses recognized him from the neighborhood, having seen him several times walking to local stores, and they each positively identified him at trial as the robber. Wesby was known to them by the nickname “Shug.”

The barbers described Wesby to the responding officers as having “twists” in his hair, and all three witnesses described him as wearing black pants, a red and black Dickie’s shirt, and a black and white bandana mask. After the officers left the shop, the barbers drove through the neighborhood looking for Wesby. A few hours later, they spotted him in a neighboring apartment complex, called the police, and pointed him out to the arresting officers. Shortly thereafter, an investigator obtained consent from Wesby’s mother to search Wesby’s room, where he found a pair of black pants, a red and black Dickie’s shirt, and a black and white bandana. The witnesses identified these items as the clothing worn by the robber.

Wesby v. State

The defendant's mother, as head of the household, had authority to consent to a search of his room.

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