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Lebbage v. State

Defendant's bipolar disorder did not mandate that he be found guilty but mentally ill.

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Andre Lebbage was charged with armed robbery, possession of a firearm during commission of a felony, and attempting to elude police. Although Lebbage pleaded not guilty by reason of insanity, the jury found him guilty on all counts. On appeal, Lebbage contends that the evidence demanded a verdict of guilty but mentally ill, and that the trial court gave an incomplete recharge to the jury. For reasons that follow, we affirm.

The essential facts of this case are not in dispute. On the morning of September 5, 1995, Lebbage telephoned an Atlanta car dealership and asked sales representative Russell Siefert whether any Porsches were available. After Siefert described one such car, Lebbage, said he would come to the dealership later that day to look at the car. Lebbage arrived at the dealership that afternoon, and Siefert showed him the car. Lebbage asked to drive the car, but Siefert said they needed to agree on purchase terms first and that he needed to make a copy of Lebbage’s driver’s license. Lebbage pulled out a gun, pointed it at Siefert, and demanded the car keys. Siefert threw the keys at him. Lebbage then said, “tell the cops I’ll be on 285″ and drove away in the Porsche. Siefert ran inside the dealership and called police.

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