Levern Joyner was indicted by a Gwinnett County grand jury for armed robbery, obstructing a law enforcement officer, and giving a false name to a law enforcement officer. A jury found Joyner guilty, and his amended motion for new trial was denied. He now appeals to this court.1 Finding no harmful error, we affirm. 1. Joyner asserts the general grounds with respect to his conviction for armed robbery, arguing that no evidence shows that he actually had a pistol when he confronted the convenience store clerk and demanded money, because the clerk never saw a gun. This argument is foreclosed by our decision in Faulkner v. State , 260 Ga. App. 794 581 SE2d 365 2003, in which the appellant similarly contended that the evidence was insufficient to support a conviction for armed robbery because he used a metal object concealed in a sock in his hand instead of a gun. We disagreed: A person commits armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The presence of an offensive weapon or an article having the appearance of one may be established by circumstantial evidence, and a conviction for armed robbery may be sustained even though the weapon or article used was neither seen nor accurately described by the victim. What is required is some physical manifestation of a weapon or some evidence from which the presence of a weapon may be inferred. Furthermore, the test is whether the defendant’s acts created a reasonable apprehension on the part of the victim that an offensive weapon was being used, regardless of whether the victim actually saw the weapon. Citations, punctuation, and footnotes omitted. Id. at 795. Here, the victim testified through an interpreter2 that she believed Joyner had a gun because of the way he held his hand inside his jacket, which she demonstrated for the jury. She was frightened because she believed he might have a gun, and gave him the drawer from the cash register. A toy gun was found in Joyner’s waistband when he was arrested shortly afterwards near the scene of the crime.
The evidence authorized a finding that he used an article that had the appearance of a gun to persuade her to comply with his demand and that his acts created a reasonable apprehension on her part that he was threatening her with a gun. Accordingly, the evidence was sufficient to support the conviction for armed robbery under the standard set forth in Jackson v. Virginia . Citations, punctuation, and footnotes omitted. Id.