Lane v. State, 564 S.E.2d 857 (Ga. Ct. App. 2002). · Go Syfert
Lane v. State, 564 S.E.2d 857 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Darien Powell v. State (gactapp, 2019-10-04)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) Darien Powell v. State
Ga. Ct. App. · 2019 · confidence medium
M. identified the Appellant as the robber.9 “[A] jury is authorized to believe or disbelieve all or any part of the 7 OCGA § 16-8-41 (a). 8 Hicks, 232 Ga. at 403 ; cf. Weldon v. State, 279 Ga. 185, 186 ( 611 SE2d 36 ) (2005) (armed robbery established where the defendant threatened the victim with a firearm, carried by a co-defendant, during a robbery); Francis v. State, 266 Ga. 69, 70 (1) ( 463 SE2d 859 ) (1995) (theft occurred where evidence showed that the theft was completed after the defendant employed force against the victim). 9 See Banks v. State, 269 Ga. App. 653, 654 (1) ( 605 SE2…
discussed Cited as authority (rule) Walker v. the State
Ga. Ct. App. · 2014 · confidence medium
This evidentiary rule is now found at OCGA § 24-14-6. 9 See Zapien-Chavez v. State, 285 Ga. App. 319, 320 (1) ( 646 SE2d 311 ) (2007), citing Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002). 10 (Citations and punctuation omitted.) Reeves v. State, 294 Ga. 673, 674 (1) ( 755 SE2d 695 ) (2014). 11 (Emphasis supplied.) 12 See State v. Wilson, 318 Ga. App. 88, 91 (1), n. 10 ( 732 SE2d 330 ) (2012) (“Because a person cannot be lawfully convicted on an invalid indictment, a general demurrer may be raised *373 orally or in writing at any time before judgment is entered on his or her c…
cited Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2010 · confidence medium
(Citation and footnotes omitted.) Lane v. State, 255 Ga. App. 274, 275 ( 564 SE2d 857 ) (2002).
discussed Cited as authority (rule) Wilcox v. State
Ga. Ct. App. · 2009 · confidence medium
Smith, P. J., and Adams, J., concur. 1 The jury was charged on theft by taking as a lesser included offense of both hijacking and armed robbery. 2 See Lane v. State, 255 Ga. App. 274, 275 ( 564 SE2d 857 ) (2002). 3 See Lane, supra. We do not address the theft conviction because the trial court merged it at sentencing, and “a conviction which should have been merged into another as a matter of fact or law is void.” (Citation omitted.) Sanders v. State, 281 Ga. 36, 37 (1) ( 635 SE2d 772 ) (2006). 4 At the time of the hearing on the new trial motion, trial counsel had died, and new counsel re…
discussed Cited as authority (rule) Zapien-Chavez v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Young v. State, 280 Ga. 65, 66 (1) ( 623 SE2d 491 ) (2005) (citation omitted). 2 Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001) (citation and punctuation omitted). 3 See Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002). 4 See, e.g., Sabbs v. State, 248 Ga. App. 114, 115 (2) ( 545 SE2d 671 ) (2001).
cited Cited as authority (rule) Sullivan v. State
Ga. Ct. App. · 2006 · confidence medium
Miller v. State, 265 Ga. App. 402, 403 (1) ( 593 SE2d 943 ) (2004); Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).
discussed Cited as authority (rule) Banks v. State
Ga. Ct. App. · 2004 · confidence medium
Harris, Assistant District Attorneys, for appellee. 1 OCGA § 16-5-40. 2 OCGA § 16-8-41 (a). 3 OCGA § 16-5-21 (a). 4 OCGA § 16-7-1 (a). 5 OCGA § 16-11-106 (b). 6 Morgan v. State, 255 Ga. App. 58 (1) ( 564 SE2d 467 ) (2002). 7 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 8 Hood v. State, 245 Ga. App. 391 (1) ( 537 SE2d 788 ) (2000). 9 Parks v. State, 257 Ga. App. 25 (1) ( 570 SE2d 350 ) (2002). 10 Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002). 11 Scott v. State, 185 Ga. App. 887 (1) ( 366 SE2d 196 ) (1988). 12 Hawes v. State, 266 Ga. 731, 732-733 (2) (…
cited Cited as authority (rule) Cobb v. State
Ga. Ct. App. · 2004 · confidence medium
Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).
discussed Cited "see" PATTERSON v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Stanbury v. State, 299 Ga. 125 , 128 (1), n. 4, 786 S.E.2d 672 (2016). 13 See Lane v. State, 255 Ga. App. 274 , 276, 564 S.E.2d 857 (2002) (A defendant's presumption that the only evidence presented at trial was circumstantial "fails in light of the direct evidence of the victim identifying him[.]"); Banks v. State, 269 Ga. App. 653 , 654 (1), 605 S.E.2d 47 (2004). 14 See State v. Canup, 300 Ga. App. 678 , 682 (2), n. 3, 686 S.E.2d 275 (2009) (Circumstantial evidence rule only applies when the evidence is entirely circumstantial.). 15 Bray v. State, 294 Ga. App. 562 , 563 (1), 669 S.E.2d 5…
discussed Cited "see" Nelson v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).
discussed Cited "see" Miller v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).
discussed Cited "see, e.g." Nelloms v. State (2×)
Ga. Ct. App. · 2005 · signal: see also · confidence medium
The jury, however, found him not guilty of felony murder and aggravated assault, and the influencing a witness charge was dead-docketed. 2 (Citation omitted.) Baggs v. State, 265 Ga. App. 282, 283-284 (1) ( 593 SE2d 734 ) (2004). 3 OCGA § 16-5-2 (a). 4 See Gibbs v. State, 257 Ga. App. 38, 38-39 (1) ( 570 SE2d 360 ) (2002); Williams v. State, 245 Ga. App. 670, 671-672 ( 538 SE2d 544 ) (2000). 5 See Lee v. State, 202 Ga. App. 708, 710 (1) ( 415 SE2d 290 ) (1992); see also Gibbs, supra at 39 (jury not required to believe defendant’s self-serving testimony that shooting was accidental). 6 See L…
Lane
v.
the State
A02A0597.
Court of Appeals of Georgia.
May 6, 2002.
564 S.E.2d 857
Richard O. Allen, for appellant., Patrick H. Head, District Attorney, Rose L. Wing, Amy H. McChes-ney, Assistant District Attorneys, for appellee.
Miller, Blackburn, Johnson.
Cited by 12 opinions  |  Published
Pinpoint authority: bottom 51%
Miller, Judge.

Gary Lane was convicted of armed robbery and of hijacking a motor vehicle based on evidence that he was found fleeing in the stolen car within minutes after the hijacking and that when brought to the scene of the arrest some minutes later, the victim positively identified Lane as the robber. He appeals, arguing the evidence did not suffice to sustain the conviction. We disagree and affirm.

Sometime after 2:00 a.m., the victim filled his car with gas and reentered his vehicle, only to have a man approach on the driver’s side and point a gun at his head. Standing within two feet of the victim, the man ordered the victim out of the car, and the victim complied. The robber entered the car and drove off.

The victim immediately called police, giving the direction of the vehicle and its license number as well as a description of the robber. Within minutes police spotted the stolen vehicle and attempted a stop, only to have the vehicle speed off. In the ensuing chase through a residential area, the vehicle reached speeds of seventy mph and ran[*275] four stop signs, finally hitting a mailbox and smashing into a telephone pole. Lane was the driver, and within minutes police brought the victim to the scene, who positively identified Lane as the gunman. A gun not belonging to the victim was found in the vehicle.

A year later at trial, the victim’s memory was insufficient to allow him to again identify the robber. He could only confirm that he was certain that he correctly identified the robber at the arrest scene. The court denied Lane’s motion to exclude the pre-trial identification. The jury found Lane guilty of armed robbery and of hijacking a motor vehicle. Citing the general grounds, he moved for a new trial, which was denied. He appeals on the same grounds.

Significantly, Lane does not enumerate as error the ruling on his motion to exclude the pre-trial identification, but challenges only the sufficiency of the evidence that was admitted. Accordingly, we do not consider the correctness of the unchallenged ruling. See Felix v. State, 271 Ga. 534, 539 (523 SE2d 1) (1999) (“The appellate court is precluded from reviewing the propriety of a lower court’s ruling if the ruling is not contained in the enumeration of errors. [Cits.]”); William N. Robbins, P.C. v. Burns, 227 Ga. App. 262, 265 (2) (488 SE2d 760) (1997).

Regarding sufficiency of the evidence, the standard of review is clear:

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia[, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979)]. Conflicts in the testimony of the witnesses, including the State’s witnesses, [are] a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. The testimony of a single witness is generally sufficient to establish a fact.

(Footnotes omitted.) Phagan v. State, 243 Ga. App. 568, 569-570 (2) (533 SE2d 757) (2000).

Here Lane fled from police in a car hijacked only minutes earlier. See Shaheed v. State, 245 Ga. App. 754-755 (1) (538 SE2d 823) (2000) (possession of recently stolen car and flight are circumstantial evidence of guilt). A gun not belonging to the victim was found in the vehicle, and the victim was brought to the arrest scene and immedi[*276] ately identified Lane as the robber. Cf. Salazar v. State, 245 Ga. App. 878 (1) (539 SE2d 231) (2000) (showup identifications at scene are permissible). Lane’s attempt to show his innocence by relying on the circumstantial evidence rule of OCGA § 24-4-6 necessarily presumes that the evidence was entirely circumstantial (see Cunningham v. State, 240 Ga. App. 92, 99 (4) (b) (522 SE2d 684) (1999)), a presumption that fails in light of the direct evidence of the victim identifying him at the scene. See Gresham v. State, 246 Ga. App. 705, 707 (2) (541 SE2d 679) (2000). We hold that the evidence sufficed to sustain convictions for armed robbery and for hijacking a motor vehicle. See OCGA §§ 16-8-41 (a); 16-5-44.1 (b).

Decided May 6, 2002. Richard O. Allen, for appellant. Patrick H. Head, District Attorney, Rose L. Wing, Amy H. McChes-ney, Assistant District Attorneys, for appellee.

Judgment affirmed.

Blackburn, C. J, and Johnson, P. J., concur.