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Colkitt v. State

Evidence that the victims saw the shape of a gun beneath a bag where defendant was concealing his hand supported defendant's conviction for armed robbery.

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Robert Leon Colkitt appeals following his conviction on two counts of armed robbery. We affirm.

Viewed in the light most favorable to the verdict, the evidence showed that on June 16, 1999 a man entered a music shop in the Lovejoy Station Shopping Center in Clayton County, Georgia. There were no other customers in the store, and only one employee, Christopher Fratt, was working. Fratt recognized the man as one of the store’s regular customers, and at the trial, he identified the man as Colkitt. Colkitt walked up to the counter, handed Fratt an empty red and white bag, pointed a gun at him and directed him to put money in the bag. After Fratt placed about $600 in the bag, Colkitt told him to walk to the back of the store. Colkitt then exited the store and Fratt called the police. Fratt later picked Colkitt’s picture out of a photo lineup.

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