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Tucker v. State

The victim identified the defendant as the woman who participated in the robbery at the victim's apartment.

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A DeKalb County jury found Sharetha Tucker guilty of robbery, OCGA § 16-8-40 a, burglary, OCGA § 16-7-1 a, and false imprisonment, OCGA § 16-5-41 a. Tucker appeals from the denial of her motion for new trial, contending the evidence was insufficient to support her convictions. Finding no error, we affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Citation and footnotes omitted. Sexton v. State , 268 Ga. App. 736 1 603 SE2d 66 2004. See Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. So viewed, the evidence shows that around 11:00 p. m. on August 8, 2002, the victim was in her apartment with her one-year-old son and engaged in a multi-party telephone call with several friends. During the conversation, the victim heard a knock at the door. She put down the telephone, looked through the peephole and recognized Travis Fowler. When she opened the door, another man pushed Fowler aside and burst into the apartment, followed by a woman and Fowler.

The man with Fowler had a gun, and he told the victim to “give me everything you got, give me your money.” The woman, who “was in the victim’s face,” appeared to be angry. The man dragged the victim to her bedroom, and the woman took the gun and told the victim to stay down. The man then ripped the telephone cord out of the wall and used the cord and the victim’s halter top to tie up the victim’s arms and legs.

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