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Sims v. State

The defendant was not in-custody when he went to the police station and voluntarily gave his statement because he was not under arrest and was free to leave at any time.

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Domingo Sims was convicted by a Chatham County jury of three counts of armed robbery. His amended motion for new trial was denied, and he appeals. Finding no error, we affirm.

1. Sims enumerates the general grounds. Construed to support the jury’s verdict, the evidence showed that one of the victims drove into downtown Savannah with two of his friends as passengers. After parking, the three remained in the car listening to the radio. A man later identified as Sims tapped at the passenger’s side window with a gun and ordered them out of the car. Once out of the car, the three were confronted by two men with guns. One was Sims wearing a bandanna over the lower portion of his face; the other was an unidentified man wearing a ski mask. The evidence showed that Sims took a wallet and cash from the passengers, while the other robber demanded the driver’s wallet. The driver was “positive” in his identification of Sims as the robber wearing the bandanna. He particularly remembered his “very distinguishing” eyebrows and nose.

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