Wyche v. State

Stephen Maurice Wyche was convicted by a jury of one count of armed robbery, one count of kidnapping and one count of possession of a firearm by a convicted felon. On appeal he contends that the trial court erred in admitting evidence of nine similar transactions, in allowing the state to elicit hearsay eyewitness identification testimony and in sentencing him as a recidivist to life without parole on the armed robbery charge. The evidence at trial showed that on July 13, 2000 between 9 and 9:30 a. m., Wyche entered a Discount Auto Parts store in Lithia Springs. No other customers were in the store when Wyche placed an air freshener on the counter and said he was ready to check out. Store employee Hershel Knight rang up the sale, and Wyche handed him a dollar bill and placed a dime on the counter.

As Knight reached for the dime, Wyche pulled out a semiautomatic handgun, placed it against Knight’s neck and told him it was a robbery. Knight backed up, but Wyche grabbed Knight’s shirt and directed Knight to take him to the safe. When they reached the office containing the safe, Wyche told Knight to open it and then get on the floor under a desk. Wyche then took the paper money from the safe, leaving the coins behind. After taking the money, Wyche ordered Knight to the rear of the store. As Knight was heading to the back of the store, he saw Wyche leave. Knight then ran to a window to see which way Wyche was heading. From this vantage point, Knight heard a screeching noise and saw a white SUV leaving the parking lot, almost striking another vehicle that was entering the lot. Knight identified Wyche as the man who robbed him from a photo line-up prepared by police before the trial and identified him again at trial.