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Fluellen v. State

The defendant's statement to the victim that, ' "I have a gun," ' before snatching delivery food from him, was direct evidence of the presence of a gun and supported the defendant's conviction for armed robbery.

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A jury found Zantavious Fluellen guilty of armed robbery. In his sole enumeration of error on appeal, Fluellen contends that the trial court erred in failing to direct a verdict of acquittal. We find that sufficient evidence supports his conviction and affirm. In reviewing the denial of a directed verdict of acquittal, we employ the same test used to determine sufficiency of the evidence. See Joyner v. State , 280 Ga. 37, 38 1 622 SE2d 319 2005. “Under that standard, this Court reviews the evidence in a light most favorable to the verdict and defers to the jury’s assessment of the weight and credibility of the evidence.” Citation omitted. Id. at 38-39 1. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to prove the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Ayoluwa v. State , 271 Ga. App. 424, 425 1 609 SE2d 749 2005.

Viewed in this manner, the evidence shows that on July 3, 2002, Brendan Creegan worked as a delivery driver for a restaurant, and he was dispatched to deliver a food order to a non-existent address. When Creegan was unable to locate the address, he was approached by a man subsequently identified as Fluellen. According to Creegan, Fluellen indicated that he had placed the order, but that he did not have money with him. Creegan exited the car and walked with Fluellen toward the house. At the time, Creegan had both the food order and a money bag, which contained approximately $300.

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