Jones v. State, 504 S.E.2d 259 (Ga. Ct. App. 1998). · Go Syfert
Jones v. State, 504 S.E.2d 259 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
“person who participates in a criminal enterprise is responsible for the means by which it is accomplished”
28 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Killings v. State (gactapp, 2009-03-23)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (quoted) Killings v. State (2×) also: Cited "see"
Ga. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
person who participates in a criminal enterprise is responsible for the means by which it is accomplished
discussed Cited as authority (rule) Gilbert v. State
Ga. Ct. App. · 2003 · confidence medium
Eldridge and Mikell, JJ, concur. 1 Parker v. State, 249 Ga. App. 509, 511 (1) ( 548 SE2d 475 ) (2001); Short v. State, 234 Ga. App. 633, 634 (1) (a) ( 507 SE2d 514 ) (1998). 2 Bailey v. State, 245 Ga. App. 852, 853 (1) ( 539 SE2d 191 ) (2000); Ridings v. State, 226 Ga. App. 155, 156 (1) ( 486 SE2d 378 ) (1997). 3 Milliken v. State, 230 Ga. App. 810, 811 (2) (a) ( 498 SE2d 127 ) (1998); Krebsbach v. State, 209 Ga. App. 474, 475 (2) ( 433 SE2d 649 ) (1993). 4 Horton v. State, 234 Ga. App. 478, 481 (2) ( 507 SE2d 221 ) (1998). 5 OCGA § 17-8-22. 6 (Citation and punctuation omitted.) Ealy v. State…
discussed Cited as authority (rule) Jarvis v. State
Ga. Ct. App. · 2002 · confidence medium
Parker, Assistant District Attorney, for appellee. 1 Defense counsel and the State agreed that the court reporter would not be required to take down the audio portion of the videotape shown to the jury. 2 Reedman v. State, 193 Ga. App. 688, 689 (2) ( 388 SE2d 763 ) (1989). 3 Rocha v. State, 248 Ga. App. 53, 55-56 (2) ( 545 SE2d 173 ) (2001). 4 McGarity v. State, 224 Ga. App. 302, 303 (1) ( 480 SE2d 319 ) (1997). 5 Vargas v. State, 184 Ga. App. 650 (1) ( 362 SE2d 461 ) (1987). 6 Chastain v. State, 257 Ga. 54, 55 ( 354 SE2d 421 ) (1987). 7 Marion v. State, 206 Ga. App. 159 (1) ( 424 SE2d 838 ) (…
discussed Cited as authority (rule) Brinson v. State
Ga. Ct. App. · 2000 · confidence medium
J., and Smith, P. J., concur. *415 Spencer Lawton, Jr., District Attorney, Kimberly Rowden, Assistant District Attorney, for appellee. 1 Bohannon v. State, 208 Ga. App. 576 (1) ( 431 SE2d 149 ) (1993). 2 Id.; Dismuke v. State, 261 Ga. 254 (1) ( 403 SE2d 812 ) (1991). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Kellibrew v. State, 239 Ga. App. 783 (1) ( 521 SE2d 921 ) (1999). 5 OCGA § 16-8-40 (a) (2). 6 OCGA § 16-8-41. 7 Edwards v. State, 264 Ga. 131, 133 ( 442 SE2d 444 ) (1994). 8 Martin v. State, 268 Ga. 682, 685 (7) ( 492 SE2d 225 ) (1997). 9 (Footnote omitted.…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2000 · confidence medium
Pearson v. State, 216 Ga. App. 333, 334 ( 454 SE2d 205 ) (1995) (defense counsel was deemed ineffective for failure to request charge on lesser included offense of theft by taking in prosecution for armed robbery where defendant admitted theft and sole defense was that he did not use a weapon); King v. State, 214 Ga. App. 311, 312-313 (2) ( 447 SE2d 645 ) (1994) (trial court, upon written request, should have charged the jury on theft by taking in a prosecution for robbery by sudden snatching; where there was evidence to support defendant’s written request to charge on the lesser included of…
discussed Cited as authority (rule) Crowder v. State
Ga. Ct. App. · 2000 · confidence medium
In fact, Crowder conceded at trial that “the only way [he was] able to get the money was because [he] had the gun and shot [his] granddaddy.” Where the uncontra-dicted evidence shows completion of the offense of armed robbery, and no evidence is presented to the effect that a weapon was not used in the robbery, the defendant is not entitled to a jury charge on the lesser included offenses of theft by taking or robbery by intimidation. *820 Jones v. State, 233 Ga. App. 362, 364 ( 504 SE2d 259 ) (1998). (b) Likewise, Crowder was not entitled to a charge on “claim of right,” since by stat…
discussed Cited as authority (rule) State v. Watson (2×) also: Cited "see, e.g."
Ga. Ct. App. · 1999 · confidence medium
The actual holding of Jones v. State, 233 Ga. App. 362, 364 ( 504 SE2d 259 ) (1998), is subtly different from the dissent’s paraphrase: Where the uncontradicted evidence shows completion of the offense of armed robbery, and no evidence is presented to the effect that a weapon was not used in the robbery, the defendant is not entitled to a jury charge on the lesser included offenses of theft by taking or robbery by intimidation. [Cit.] The same is true of Shepherd v. State, 234 Ga. 75, 77-78 (3) ( 214 SE2d 535 ) (1975), where no evidence contradicted the fact that an armed robbery occurred.
discussed Cited "see" Cook v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Jones v. State, 233 Ga. App. 362, 363-364 ( 504 SE2d 259 ) (1998).
examined Cited "see" Gilliam v. State (3×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See OCGA § 16-8-14 (a) (1) through (5). 11 OCGA § 16-8-3 (a). 12 264 Ga. 131, 132 ( 442 SE2d 444 ) (1994). 13 268 Ga. 682, 685 (7) ( 492 SE2d 225 ) (1997). 14 (Citations and punctuation omitted.) Jones v. State, 233 Ga. App. 362, 363 ( 504 SE2d 259 ) (1998). 15 (Citations and punctuation omitted; emphasis in original.) Strickland v. State, 223 Ga. App. 772, 776 (1) (b) ( 479 SE2d 125 ) (1996); see Messick v. State, 209 Ga. App. 459, 460 (1) ( 433 SE2d 595 ) (1993). 16 OCGA § 16-8-3. 17 OCGA § 16-8-14 (a). 18 (Citations and punctuation omitted.) Jones, 233 Ga. App. at 363-364 ; see Gilliam …
discussed Cited "see, e.g." Espinoza v. State (2×)
Ga. Ct. App. · 2000 · signal: compare · confidence medium
Statham III, Assistant District Attorneys, for appellee. 1 See McCluskey v. State, 211 Ga. App. 205, 206 (2) ( 438 SE2d 679 ) (1993); compare Tate v. State, 191 Ga. App. 727 (2) ( 382 SE2d 688 ) (1989). 2 Edwards v. State, 264 Ga. 131, 133 ( 442 SE2d 444 ) (1994). 3 James v. State, 210 Ga. App. 454, 455 (2) (b) ( 436 SE2d 565 ) (1993). 4 (Footnote omitted.) Jones v. State, 233 Ga. App. 362, 364 ( 504 SE2d 259 ) (1998). 5 Edwards v. State, supra.
Jones
v.
the State
A98A1036.
Court of Appeals of Georgia.
Jul 10, 1998.
504 S.E.2d 259
Alterman & Associates, Cathy M. Alterman, Jeffrey P. Manciagli, for appellant., J. Tom Morgan, District Attorney, Sheila A. Connors, Maria Murder-Ashley, Assistant District Attorneys, for appellee.
Beasley, Pope, Ruffin.
Cited by 13 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Court of Appeals of Georgia (1)
Beasley, Judge.

Christopher Jones was convicted of one count of giving a false name to a law enforcement officer (OCGA § 16-10-25) and four counts of armed robbery (OCGA § 16-8-41). He challenges the trial court’s refusal to give his requests to charge the jury on robbery by intimidation and theft by taking, as lesser included offenses of armed robbery.

In May 1997, Jones and his accomplice entered an auto parts store and began browsing and asking about merchandise. Present in the store were manager-in-training Marks, cashier Carter, and one[*363] other customer. After the customer left, the accomplice pointed a gun at Marks’ head, informed him the store was being robbed, and ordered him to open the safe in the rear of the store. While walking toward the safe, the accomplice told Jones to remain with Carter while she opened the cash registers in the front. As she did so, Jones instructed her to put the money in a bag.

A month later, Jones and his accomplice entered another auto parts store and again began browsing and asking about merchandise. Employees Viar and Page were on duty, and no customers were present. The accomplice threatened Viar with a gun and ordered him to open the cash registers. Page opened the registers instead as she had the keys. After she did so, the accomplice instructed both employees to accompany him to the rear of the store so Page could open the safe. The accomplice took money from the safe and forced Viar to surrender his wallet, while Jones took money from the cash registers and various store merchandise. The police arrested both men in their getaway car shortly thereafter.

Jones argues that he was entitled to a jury charge on the lesser included offenses because the evidence did not show he was in possession of the weapon. Regardless, the evidence does show without dispute that the robberies were perpetrated by the use of a weapon in the possession of Jones’ accomplice.

When a party has committed armed robbery, one who is concerned in the commission of the crime under OCGA § 16-2-20 is likewise guilty of armed robbery, notwithstanding the fact that the associate did not have actual possession of the firearm. [1] A person who participates in a criminal enterprise is responsible for the means by which it is accomplished.

The Supreme Court of Georgia held in Edwards v. State 2 that “ ‘[a] written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense.’ [Cit.]” But the Court in Martin v. State 3 recognized that “ ‘[w]here . . . the evidence shows either the commission of the completed offense as charged, or the commission of no offense, the trial court is not required to charge the jury on a lesser included offense.’ [Cits.]” [4]

“[T]he accused ‘is not entitled to a charge on a lesser included offense where the evidence establishes without dispute the commis[*364] sion of the greater offense charged. (Cits.)’ [Cit.]” [5] Where the uncontradicted evidence shows completion of the offense of armed robbery, and no evidence is presented to the effect that a weapon was not used in the robbery, the defendant is not entitled to a jury charge on the lesser included offenses of theft by taking or robbery by intimidation. [6] Since Jones does not deny that his accomplice was armed, he was not entitled to a charge on the lesser included offenses. “Taken to its logical conclusion, [Jones]’ position would require a charge on the[se] lesser included offense[s] ... in every armed robbery prosecution. . . . [T]he law contains no such requirement.” [7]

Decided July 10, 1998. Alterman & Associates, Cathy M. Alterman, Jeffrey P. Manciagli, for appellant. J. Tom Morgan, District Attorney, Sheila A. Connors, Maria Murder-Ashley, Assistant District Attorneys, for appellee.

Judgment affirmed.

Pope, P. J., and Ruffin, J., concur.
1

Howze v. State, 201 Ga. App. 96, 97 (410 SE2d 323) (1991); see Hopkins v. State, 227 Ga. App. 567 (1) (489 SE2d 368) (1997); see also Martin v. State, 213 Ga. App. 146 (444 SE2d 103) (1994).

4

Accord, e.g., Strickland v. State, 223 Ga. App. 772, 777 (1) (479 SE2d 125) (1996).

5

Thomas v. State, 226 Ga. App. 441, 444 (8) (487 SE2d 75) (1997).

6

Widner v. State, 203 Ga. App. 823, 825 (4) (418 SE2d 105) (1992) (theft by taking); Millis v. State, 196 Ga. App. 799, 800 (3) (397 SE2d 71) (1990) (robbery by intimidation).

7

Lightfoot v. State, 227 Ga. App. 605, 607 (490 SE2d 177) (1997).