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Hayes v. State

A witness's observation of defendants' parked car at time of the shooting and her subsequent identification of the car as it passed the crime scene provided officers with reasonable suspicion to stop defendants' car.

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As these appeals follow a joint trial, we have consolidated them for disposition. Darrell Lamar Hayes, Kelvin Lorenzo Killen, and Jatavius Lamar Towns appeal their convictions of three counts of burglary, two counts of criminal attempt to commit burglary, four counts of armed robbery, six counts of aggravated assault, six counts of possession of a firearm during the commission of a felony, one count of terroristic threats and acts, and one count of hijacking a motor vehicle.

Hayes contends the trial court erred by denying his motion to suppress evidence seized after what he contends was an illegal stop and search of his vehicle; by allowing the State to rebut his alibi defense without providing the notice required under OCGA § 17-16-5 b; by denying his motion to sever offenses; by denying his motion to sever his trial from the other appellants’ trials; by denying his motion for a mistrial after the State referred to gang activity in its opening statement; by denying his motion for the court to take judicial notice of perjured testimony, denying his motion to strike the perjured testimony, and denying his motion for a mistrial because of the unreliable and perjured testimony; and by denying his motion for a directed verdict of acquittal on all counts. Hayes also contends the evidence is insufficient to sustain his conviction on all charges.

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