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Moye v. State

The trial court did not err in overruling the defendant's objection to the state's mention of his two prior arrests in closing, since the jury already heard evidence relating to the arrests when the state impeached the defendant's character witness.

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A jury found Matthew Moye guilty of armed robbery. Moye appeals, asserting that the trial court erred in overruling his objection to the State’s closing argument. He also argues that he received ineffective assistance of counsel. For reasons that follow, we affirm. Viewed favorably to the verdict, the evidence shows that, on August 15, 2001, the Center Pharmacy in Columbus, Georgia was robbed. A man entered the pharmacy, threatened several employees with a gun, walked to a particular shelf, took the medication from that shelf, and fled. The pharmacist testified that OxyContin, a prescription medication, had been stored on that shelf until a few days before the robbery, when MS Contin, also a prescription medication, was placed there.

Detective Robert Webster investigated the robbery. When Webster asked the pharmacy employees who they thought might have been involved in the theft, the employees provided him with information on Moye. Several employees testified that Moye, a regular pharmacy customer who often purchased prescription OxyContin, always appeared unusually interested in how the pharmacy operated and where the pharmacist stored OxyContin. Webster also interviewed Barbara Bloom, who worked next to the pharmacy and reported seeing two men sitting in a blue van parked near the pharmacy on the morning of the robbery.

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