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Wallace v. State

Evidence that the defendant pointed a gun at the victim's daughter and then at the victim demanding money was sufficient to support his convictions for armed robbery and aggravated assault.

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A Fulton County jury convicted Mario Wallace of armed robbery and aggravated assault. On appeal, Wallace contends that the evidence of identification was insufficient to sustain his convictions. For the reasons that follow, we affirm.On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and an appellant no longer enjoys the presumption of innocence. This court determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979 and does not weigh the evidence or determine witness credibility. Footnote omitted. Pringle v. State , 281 Ga. App. 230 1 635 SE2d 843 2006. So viewed, the evidence at trial showed that after attending an Atlanta Braves evening game at Turner Field, the victim and his 13-year old daughter walked back to their car parked 2 1/2 to 3 blocks south of the stadium. As they approached their car, the victim observed Wallace running toward them. The victim instructed his daughter to get in the car and to shut the door immediately. But, before the victim’s daughter could comply, Wallace arrived at the car and placed his hand inside the door to prevent it from closing. Wallace then leaned inside the vehicle, pointed a handgun at the victim’s daughter’s face, and demanded their money.

The victim’s daughter was “extremely upset and nervous” and “visibly shaken.” The victim told Wallace that his daughter had no money and convinced Wallace to move the gun away from his daughter’s face. Wallace then pointed the gun at the victim and repeated his demand for money. The victim tossed the money from his wallet to Wallace. Wallace took the money and walked away toward the nearby residential neighborhood.1

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