Munn v. State

Alex Munn appeals from the judgment entered after a jury found him guilty of armed robbery, rape, and kidnapping. Munn brings 12 enumerations of error on appeal, among which are that trial counsel was ineffective, that the trial court erred in the jury selection process and when instructing the jury on the definition of armed robbery, and that the evidence was insufficient to support the verdict. After reviewing the record, we conclude there was no reversible error and affirm. The evidence at trial, taken in the light most favorable to the verdict, was as follows. The victim testified that she was a taxi driver working from 6 until 10 o’clock on the night in question. As she was dropping off a fare, a man she identified at trial as Munn walked up to her cab and asked her to take him to the MARTA station. While the victim was driving Munn to the station and talking on her cell phone to another driver, Munn suddenly put a knife to her throat, told her to hang up the phone and change directions. Munn made her give him the cash from her purse and told her to drive to the back of a shopping center and stop. After she stopped the car, Munn forced the victim into the back seat and raped her. Munn then told her to get out of the car and drove off in the taxi cab.

The victim notified her dispatcher that the cab had been stolen, but did not tell her she had been raped because she was too embarrassed. She said she did not tell the police about the rape because she did not think they would find the attacker and she did not want everyone to know about it. After she told her boyfriend about the rape, he convinced her to tell the police.