Brown v. State

Hozie James Brown, convicted by a jury of armed robbery and possession of a firearm during commission of a felony, appeals from the trial court’s order denying his motion for new trial. Finding no error, we affirm. 1. We first consider Brown’s third enumeration, challenging the sufficiency of the evidence. In evaluating the sufficiency of the evidence supporting a conviction, this court must view the evidence in the light most favorable to the verdict. The presumption of innocence no longer applies, and we do not weigh evidence or determine witness credibility. Rather, we decide only if there is enough evidence from which a rational trier of fact could have found the accused guilty of the crime charged beyond a reasonable doubt. Footnotes omitted. Buckles v. State , 260 Ga. App. 638 1 580 SE2d 638 2003.

So viewed, the evidence was that Zed’s Zip-In, a convenience store in Perry, was robbed by a lone gunman on Halloween evening in 1998. Feagin, the clerk, had started his shift at 10:00 p.m. and shortly thereafter, a man entered wearing dark glasses and an unusual striped black and white shirt with the initials “FB” on it. He made a purchase and left, then returned shortly. Feagin was selling another customer lottery tickets, but came to wait on the man in the striped shirt, who told him to continue with the lottery customer. After that customer left, the man in the striped shirt made a small purchase, then started to leave. As he got almost to the door, however, he turned, lifted his shirt, and pulled a handgun. He returned to the register and ordered Feagin to give him the money. Feagin put the cash drawer on the counter and the man removed all the bills. Feagin was then ordered to the floor and the man left.