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Hawkins v. State

Even if the trial court erred in admitting the defendant's inculpatory statement to police, on the basis that an officer induced the statement through hope of benefit, such error was harmless, in light of the otherwise overwhelming evidence of the defendant's guilt.

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A Gwinnett County jury convicted Darren Hawkins of armed robbery, and the trial court denied his motion for new trial. On appeal, Hawkins contends that the trial court erred in admitting his inculpatory statement made to the police because it was given with some hope of benefit and thus was involuntary. Finding no reversible error, we affirm. Following a criminal conviction, the evidence must be construed in the light most favorable to the jury verdict. Millender v. State , 286 Ga. App. 331 1 648 SE2d 777 2007. So viewed, the evidence shows that in the early morning hours of July 9, 2004, Hawkins and co-defendant Christopher Ball entered a gas station convenience store wearing identical baggy black t-shirts, black bandanas over their faces, and black “do-rags” on their heads. Ball was holding a BB gun that looked like a semi-automatic handgun. Once inside the store, Ball pointed the gun at the cashier, and Hawkins told her to put the money from the cash register into a bag and hand it over. The cashier complied. Ball grabbed the bag of money, and Hawkins and Ball ran out of the store. The cashier then called 911.

After exiting the store, Hawkins and Ball proceeded to a Jeep Cherokee hidden nearby, where four other uncharged co-conspirators were waiting for them. Hawkins had provided the jeep for them to use that night. The six individuals drove off and then divided the money stolen from the convenience store. Hawkins and Ball each took $300.

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