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Jaheni v. State

Convictions for several felonies arising out of a robbery and car theft did not violate the defendant's double jeopardy rights, since they did not require proof of the same elements involved in certain traffic offenses for which the defendant earlier pled guilty and the defendant completed the felonies against the victim prior to the responding officer observing him commit the traffic offenses.

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Following a jury trial, Sophonies Othello Jaheni was convicted of armed robbery, hijacking a motor vehicle, kidnapping, and possessing a firearm during the commission of a crime. The trial court granted his motion for out-of-time appeal. On appeal, Jaheni contends that his convictions violated his double jeopardy rights under the United States Constitution and Georgia law. He also alleges that he received ineffective assistance of counsel and challenges the admission of certain evidence. For reasons that follow, we affirm. On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence.1 So construed, the evidence shows that on December 1, 1997, Horace Moore went to a grocery store on Wrightsboro Road at approximately 10:00 p.m. As he was putting his groceries into his automobile, a man approached him, held a gun to his head, and pushed him into the vehicle. The assailant also entered the vehicle and forced Moore into the passenger seat. After demanding Moore’s keys, the attacker started the car, and Moore jumped out, injuring his head, elbow, and knees. The assailant sped away in Moore’s car and a witness summoned police.

The police immediately issued a “BOLO” “be on the lookout” alert for Moore’s black, four-door 1990 Honda Civic, providing the license plate number. The BOLO racially described the driver and indicated that he was six feet tall, 160 pounds, and wearing black clothing. A Richmond County Sheriff’s deputy was dispatched to the grocery store at approximately 10:25 p.m., and the officer took Moore’s statement.

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