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Duckett v. State

Evidence seized during a warrantless search of defendant's vehicle was admissible where the search satisfied the requirements of the plain view exception.

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A Cobb County jury convicted Brian Scott Duckett of armed robbery, OCGA § 16-8-41 a; and two counts of aggravated assault, OCGA § 16-5-21 a. Following the denial of his motion for new trial, Duckett appeals, challenging several evidentiary rulings and the sufficiency of the evidence. Finding no error, we affirm. Viewed in the light most favorable to the verdict,1 the record reveals the following facts. On January 19, 1997, Duckett, Anthony Meginley and Daniel Lewis, who worked together in a movie theater in Chattanooga, Tennessee, drove to Marietta to commit a robbery. The three men went to a movie theater, purchased tickets and went in. Lewis lured the concessions manager into an auditorium where the movie had ended. There, Duckett placed a gun to the back of the concessions manager’s head and told him to sit down. The three robbers questioned the concessions manager about the theater’s safe and about how many employees were still in the theater.

While his accomplices held the concessions manager hostage, Lewis went to the theater office and asked the theater manager to help him find a contact lens. After the manager accompanied Lewis to the auditorium, Duckett pointed a gun at her. After questioning the theater manager and the concessions manager about the security system and the safe and obtaining the keys, Duckett and Meginley went to the theater office. They took cash from the safe and bank bags full of cash from the office and took the surveillance video recorder with the security video still inside. Before leaving the theater, the robbers bound and gagged the victims with pantyhose and duct tape.

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