Mullins v. State

The defendant's separate convictions for armed robbery and hijacking a motor vehicle did not constitute double jeopardy.

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A Douglas County jury found Robert Mullins guilty of armed robbery, OCGA § 16-8-41, highjacking a motor vehicle, OCGA § 16-5-44.1, and kidnapping, OCGA § 16-5-40. Mullins appeals from the denial of his motion for new trial. He contends the evidence was insufficient to support his kidnapping conviction and that the trial court erred in admitting certain evidence and in sentencing him separately for crimes that should have merged. Finding no error, we affirm. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 318-319 III B 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from basic facts to ultimate facts. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

On June 21, 2000, Mullins drove a stolen Chevrolet Impala to the Thornton Chevrolet dealership in Douglas County. Once there he found a salesman to accompany him on a test drive of a Chevrolet Tahoe, a luxury sport utility vehicle. While Mullins was test-driving the Tahoe on the freeway, he slowed down to about 20 miles per hour as he approached an exit ramp. He pulled a handgun from his pocket, pointed it at the salesman, and said “it’s nothing personal,” indicating he intended to take the car. Mullins slowed the car to about five miles per hour and forced the salesman to stumble out of the car and onto the shoulder of the road. The salesman immediately reported the theft to the police.

Mullins v. State

The defendant's separate convictions for armed robbery and hijacking a motor vehicle did not constitute double jeopardy.

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