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Harrison v. State

A non-testifying co-defendant's guilty plea to robbery by intimidation did not support a charge on that lesser included offense.

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A Dougherty County jury found John William Lee Harrison guilty of armed robbery for his participation in acts that occurred at the Inns & Suites motel on Oglethorpe Avenue in Albany, wherein Harrison drove two teenagers to the motel; urged them to rob it with a .380 caliber automatic pistol; waited for them behind the motel; and drove them away following the taking of approximately $150 from the motel.1 He appeals and, without challenging the sufficiency of the evidence against him, claims error in the trial court’s failure to charge the jury on the lesser included offense of robbery by intimidation. We find no error, however, and affirm.

Harrison contends that because the jury heard evidence that a non-testifying co-defendant was permitted to plead guilty to the lesser included offense of robbery by intimidation in the instant case, such provided “evidence” of same so as to permit a jury charge thereon in the trial of the instant case. We disagree.

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