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Burden v. State

The defendant took one victim's cell phone at gunpoint while threatening to kill him and he hit a bystander, while shooting at the armed robbery victim and a second man.

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Following a jury trial, Larraquette Burden appeals his conviction of armed robbery one count and aggravated assault three counts, contending that 1 the evidence was insufficient to support the verdict, 2 the trial court erred by not charging the jury on robbery by intimidation as a lesser included offense of armed robbery, and 3 the trial court erred by not charging the jury on self defense. Because there was sufficient evidence to support the verdict and because Burden did not request the omitted jury charges in writing, we affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Punctuation omitted. Eady v. State .1

So viewed, the evidence shows that while Altravious Thomas waited with a friend in the friend’s SUV to pick up a car at a car wash, Burden pulled in behind the SUV in a Lincoln sedan, blocking in Thomas and his friend. Burden got out of the Lincoln with a gun and approached Thomas, demanding $200 and accusing Thomas of selling him defective drugs. Burden put the gun to Thomas’s side and threatened, “Give it up right now or I’m gonna shoot you.” Not having the money, Thomas gave his cell phone to Burden, who drove off in the Lincoln.

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