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Curry v. State

The robbery victims' cash drawer was in their immediate presence, even though their backs were turned when the defendant took it, because the cash drawer was less than six feet away and at least one victim was aware that it was being taken.

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Terrell Curry appeals his felony conviction of robbery by sudden snatching. He admits he took money but contends that his crime was theft by taking, which in this case would have been a misdemeanor. 1. Curry first challenges the sufficiency of the evidence. “A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: 1 By use of force; 2 By intimidation, . . . ; or 3 By sudden snatching.” OCGA § 16-8-40 a. The crime of robbery by sudden snatching requires that the victim be conscious of the theft before the taking is complete.” Perkins v. State, 256 Ga. App. 449, 450 568 SE2d 601 2002. Also, the victim must not be too far distant. Id.

Construed in favor of the verdict, the evidence shows that Curry entered a fast-food restaurant and ordered two items from Dawn Hughes. When she turned to fill his order, he leaned over the counter and began punching keys on the register. Zantavia Lester, another employee who was only a foot or so away, told Hughes what was happening. Hughes told Curry to stop, but instead he reached over the counter, pulled the cash drawer out, and fled. Curry was charged with taking a cash drawer “from the person and immediate presence of Zantavia Lester, by use of sudden snatching.”

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