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Thompson v. State

The evidence supported a finding that defendant threatened the victim while demanding money from the register at a fast food restaurant.

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A Muscogee County jury convicted Andre Thompson of robbery, OCGA § 16-8-40 a 2. He appeals the denial of his motion for new trial, contending the evidence was insufficient to support his conviction and challenging the trial court’s instruction on lesser included offenses. Finding no error, we affirm. 1. Thompson contends there was insufficient evidence that he threatened the victim with physical harm. In order to prove robbery under the facts as alleged in the indictment, the State had to show that Thompson took property from the victim through the use of a threat to physically harm her. See OCGA § 16-8-40 a 2.

When a defendant challenges the sufficiency of the evidence on appeal, this Court views the evidence presented in the light most favorable to the jury’s verdict, and does not weigh the evidence or judge the witnesses’ credibility. Jackson v. Virginia , 443 U. S. 307, 319 99 SC 2781, 61 LE2d 560 1979. We determine only whether there was sufficient evidence for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crimes charged. Id.

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