Roberts v. State, 477 S.E.2d 345 (Ga. Ct. App. 1996). · Go Syfert
Roberts v. State, 477 S.E.2d 345 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
16 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Carter v. State (gactapp, 2011-03-23)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2011 · confidence medium
Whiting v. State, 269 Ga. 750, 752 (2) (a) ( 506 SE2d 846 ) (1998); Roberts v. State, 223 Ga. App. 167, 168 (4) ( 477 SE2d 345 ) (1996).
cited Cited as authority (rule) Hammond v. State
Ga. Ct. App. · 2010 · confidence medium
Roberts v. State, 223 Ga. App. 167, 169 (5) ( 477 SE2d 345 ) (1996) (because defendant did not ask to reargue, failure to inform him of charges to be given prior to closing was harmless error). 3.
discussed Cited as authority (rule) Russell v. State
Ga. Ct. App. · 2008 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Martinez v. State, 278 Ga. App. 500 ( 629 SE2d 485 ) (2006) (citations omitted). 2 See Blackwood v. State, 277 Ga. App. 870, 873 (1) ( 627 SE2d 907 ) (2006). 3 OCGA§ 16-13-31 (e). 4 Murphy v. State, 272 Ga. App. 287, 290 (2) ( 612 SE2d 104 ) (2005) (citation and punctuation omitted). 5 Blackwood, supra (citation and punctuation omitted). 6 See Lopez v. State, 281 Ga. App. 623, 626 (3) ( 636 SE2d 770 ) (2006) (citing OCGA § 16-2-20). 7 Judkins v. State, 282 Ga. 580, 581-582 ( 652 SE2d 537 ) (2007) (citation and punctuation omitted). 8 Kelley v. State,…
discussed Cited as authority (rule) Cochran v. State
Ga. Ct. App. · 2005 · confidence medium
See also Patterson v. State, 264 Ga. 593, 594 (2) ( 449 SE2d 97 ) (1994). 2 (Citation, punctuation and footnote omitted.) Lloyd v. State, 263 Ga. App. 234, 238 (4) ( 587 SE2d 372 ) (2003). 3 137 Ga. App. 371 ( 224 SE2d 60 ) (1976). 4 Id. at 374-375 (4). 5 (Punctuation omitted.) Id. at 375 (4). 6 See, e.g., Osterhout v. State, 266 Ga. App. 319, 322 (2) ( 596 SE2d 766 ) (2004) (trial court did not err in giving previously rejected charge where defendant did not object or ask to reargue); Roberts v. State, 223 Ga. App. 167,169 (5) ( 477 SE2d 345 ) (1996) (because defendant did not ask to reargue,…
cited Cited as authority (rule) Osterhout v. State
Ga. Ct. App. · 2004 · confidence medium
Roberts v. State, 223 Ga. App. 167, 169 (4) ( 477 SE2d 345 ) (1996). 3.
discussed Cited as authority (rule) Huzzie v. State
Ga. Ct. App. · 1999 · confidence medium
Huzzie contends the trial court erred by failing to give an unrequested charge on mere association. “[S]ince the trial court instructed the jury that the [S]tate must prove every element of the offenses charged beyond a reasonable doubt, and the mere association principle is just a corollary of this requirement, this argument is without merit.” Hy v. State, 232 Ga. App. 247, 250 ( 501 SE2d 583 ) (1998); Roberts v. State, 223 Ga. App. 167,168 ( 477 SE2d 345 ) (1996). . 6.
discussed Cited "see" Hy v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Roberts v. State, 223 Ga. App. 167, 168 (4) ( 477 SE2d 345 ) (1996); Lamunyon v. State, 218 Ga. App. 782, 784 (3) ( 463 SE2d 365 ) (1995).
Retrieving the full opinion text from the archive…
Roberts
v.
the State
A96A1539.
Court of Appeals of Georgia.
Oct 11, 1996.
477 S.E.2d 345
Joseph A. Grimsley, for appellant., John R. Parks, District Attorney, Barbara A. Becraft, Assistant District Attorney, for appellee.
Pope, Andrews, Smith.
Cited by 8 opinions  |  Published
Pope, Presiding Judge.

Defendant John Fitzgerald Roberts was convicted by a jury of armed robbery and making a false statement about the armed robbery. Following the denial of his motion for new trial, he appeals.

We view the evidence in a light favorable to the jury’s verdict. Defendant and four co-defendants needed money to buy drugs. One of the co-defendants (Colbert) said he would rob the Dairy Queen if the others would just go along. Defendant and the other co-defendants went with Colbert while he got a gun and something to wear over his face, and then while he robbed the Dairy Queen. All of the co-defendants shared the drugs purchased with the proceeds and divided up the remaining money.

1. In two enumerations of error, defendant challenges the admission of his in-custody confession. Specifically, he argues that (a) the State failed to show that it had explained defendant’s rights to him, and (b) the confession was coerced by the officer’s statements regarding what the co-defendants had already told him.

(a) Defendant’s first argument is not supported by the record. Contrary to defendant’s assertion, the officer taking defendant’s statement did testify at the Jackson-Denno hearing that he advised[*168] defendant of his Miranda rights, and that defendant understood those rights. And at the trial, the officer read the actual rights statement which he had read to defendant, and testified that defendant signed the waiver form.

(b) Defendant first gave a statement denying any involvement in the robbery. After the officer told him he was implicated in the statements of his co-defendants, however, defendant admitted that he knew what Colbert was doing and went along. Both of defendant’s statements were taped, but what the officer told him in between the statements was not; and defendant argues that this scenario somehow suggests coercion. But advising a defendant of the evidence the State already has against him, without threat or promise, does not constitute coercion.

Accordingly, the trial court did not err in admitting evidence of defendant’s statement. See Jones v. State, 194 Ga. App. 746, 748 (3) (391 SE2d 663) (1990).

2. Defendant contends that the trial court should not have admitted shirts allegedly worn by Colbert on the night of the robbery and a photograph of the site where the shirts were found, because the shirts were not adequately identified by the witnesses. Even if clothing cannot be positively identified, however, it is admissible if testimony indicates it is similar to that worn by the perpetrator; and this is particularly true where, as here, circumstantial evidence suggests the clothing was that worn by the perpetrator (i.e., the officers found the shirts exactly where the co-defendants said they had been thrown from the car). See Taylor v. State, 243 Ga. 222 (7) (253 SE2d 191) (1979); Holloway v. State, 164 Ga. App. 506 (5) (296 SE2d 744) (1982).

3. Nor did the trial court abuse its discretion in allowing testimony that Thomas, one of the co-defendants, had sought to establish a false alibi for the whole group. Defendant argues this testimony was not relevant because the State did not allege that he attempted to establish a false alibi. Nonetheless, it was logically relevant to the question of whether the whole group was involved in the crime. Moreover, Thomas testified at trial, and her testimony was more favorable to defendant than her pre-trial statement had been (e.g., at trial she said defendant did not receive any of the money from the robbery, but in her pre-trial statement she said he did). Thus, the challenged testimony was also relevant to the credibility of a witness.

4. Defendant argues that the trial court should have given his requested charge on mere association. As the court instructed the jury that the State must prove every element of the offenses charged beyond a reasonable doubt, and the mere association principle is just a corollary of this requirement, this argument is without merit. See Lamunyon v. State, 218 Ga. App. 782 (3) (463 SE2d 365) (1995).

[*169] Decided October 11, 1996. Joseph A. Grimsley, for appellant. John R. Parks, District Attorney, Barbara A. Becraft, Assistant District Attorney, for appellee.

5. Defendant also enumerates as error the trial court’s failure to inform defense counsel which requests to charge would be given before closing argument. See OCGA § 5-5-24 (b). But defendant did not point out to the court this easily remedied failure prior to argument; nor did he ask to reargue in light of any unexpectedly included or omitted charges. Additionally, defendant shows no harm from the court’s failure to comply with OCGA § 5-5-24 (b). We therefore find no harmful error. See Latimore v. State, 170 Ga. App. 848 (2) (318 SE2d 722) (1984); Daniels v. State, 137 Ga. App. 371 (4) (224 SE2d 60) (1976).

Judgment affirmed.

Andrews and Smith, JJ, concur.