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discussed
Cited as authority (rule)
Mamadou Lamine Sambou v. State
(2×)
And as promised, Sambou did in fact succeed in helping Ndiaye obtain a taxi license. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 In the early morning hours of May 9, 2017, a Powder Springs police officer initiated a traffic stop of a Chevrolet Suburban after observing the vehicle fail to dim its headlights for oncoming traffic and maintain its lane of travel.
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Cited as authority (rule)
Robert Stanley Terry v. State
As a result, Lukas arrested Terry for driving with a suspended license. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Once during his testimony, Lukas referred to the registered owner of the car as Teresa Hernandez, but he later clarified that the name on the registration was actually Teresa Rodriguez. 2 Lukas then returned to his patrol car to see if Smith had a valid license so he could release the car to her, and he confirmed that she did.
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Cited as authority (rule)
Rosalino Solis-Macias v. State
Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that in 2018, Solis-Macias was married to Ingrid Solis, and the two of them lived in a duplex with their five-year-old son, as well as Ingrid’s two other children from a 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). previous marriage—thirteen-year-old son, D.
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Cited as authority (rule)
Antonio Stewart v. State
As he often did on mornings when the weather 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). was cold, Savea went outside, started his truck, and went back inside his house to allow the vehicle to warm up.
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Cited as authority (rule)
Antonio Gathers v. State
D. and ten-year-old F. D.), and 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). his and his girlfriend’s daughter (five-year-old A. G.).
cited
Cited as authority (rule)
Mervin Tourdon Woodard v. State
C. into the driver’s seat of her vehicle, and ordered her to 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 drive to a different gas station.
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Cited as authority (rule)
Harold Miller v. State
Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on October 3, 2014, Audrelia Harris and her mother drove to a repossession 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). impound lot in Forest Park to reclaim her vehicle, which had been taken there.
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Cited as authority (rule)
Eric Lanier Chambers v. State
Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that in the early evening of October 25, 2016, a 911 dispatcher with the Athens- Clarke County Police Department received a call from a woman, later identified as S. P., who claimed that her fiancé—Chambers, with whom she resided—attacked her 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). after she confronted him about his drug use.
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Cited as authority (rule)
Smith v. the State
Acuff, Assistant District Attorneys, for appellee. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 As noted supra, the trial court vacated Smith’s kidnapping conviction.
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Cited as authority (rule)
Tamara Cotman v. State
Ray, P. J., and Self, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Psychometrics is a field of study concerned primarily with developing and evaluating the effectiveness of educational testing. 3 Cotman v. State, 328 Ga. App. 822, 826 (1) ( 762 SE2d 824 ) (2014). 4 By the time the trial commenced, Dr. Hall was gravely ill and, therefore, was not tried with the aforementioned defendants. 5 Palencia-Barron v. State, 318 Ga. App. 301, 306 (3) ( 733 SE2d 824 ) (2012) (punctuation omitted); accord Cash v. State, 297 Ga. 859, 863 (2) ( 778 SE2d 785 ) (20…
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Cited as authority (rule)
Morris v. the State
Ray and Self, JJ., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Although Morris did not challenge the sufficiency of the evidence against him, the evidence outlined above was sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt ofthe charged offenses.
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Cited as authority (rule)
Hillsman v. the State
Ray and Self, JJ., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 3 Joiner v. State, 299 Ga. App. 300, 300 ( 682 SE2d 381 ) (2009); see also Jackson, 443 U. S. at 319 (III) (B). 4 Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001) (punctuation omitted). 5 Adorno v. State, 314 Ga. App. 509, 511-12 (1) ( 724 SE2d 816 ) (2012) (punctuation omitted). 6 Bizzard v. State, 312 Ga. App. 185, 1…
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Cited as authority (rule)
The State v. Crist
Jonathan P. Lockwood, for appellee. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 The written instructions provided to the jury stated: “A person commits sexual battery when when [sic] that person intentionally makes physical contact with the genital area, groin/inner thigh, buttocks, or brests [sic] of another person without the consent of the other person.” This instruction was based on the pattern jury instructions.
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Cited as authority (rule)
Howard v. the State
Reese and Bethel, JJ., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See former OCGA § 16-5-21 (a) (2) (1991). 3 See former OCGA § 16-5-40 (a), (b) (1994). 4 See former OCGA § 16-6-1 (a) (1994). 5 See former OCGA § 16-6-2 (a) (1994). 6 See English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 7 Joiner v. State, 299 Ga. App. 300, 300 ( 682 SE2d 381 ) (2009); see also Jackson, 443 U. S. at 319 (III) (B). 8 Miller v. State, 273 Ga. 831, 832 ( 546 …
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Cited as authority (rule)
Issa v. the State
Reese and Bethel, JJ., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 CODIS, the Combined DNA Indexing System, is a database of DNA profiles linked among the states through the Federal Bureau of Investigation. 3 See OCGA § 16-4-8. 4 See former OCGA § 16-7-1 (a) (1980). 5 See former OCGA § 16-6-1 (a) (1) (2006). 6 See former OCGA § 16-5-21 (a) (2) (2006). 7 See OCGA §§ 16-4-1; 16-8-41 (a). 8 See former OCGA § 16-5-40 (a), (b) (4) (2006). 9 See OCGA § 16-5-41 (a). 10 See OCGA § 16-11-106 (b). 11 See former OCGA § 16-11-131 (b) (2000). 12 Cook had…
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Cited as authority (rule)
Erick Roy Pedersen v. State
CONST. art. 1, § 1, ¶16 (“No person shall be compelled to give testimony tending in any manner to be self- incriminating.”). 3 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 4 See OCGA § 52-7-11 (b) (2). 2 speaking with Pedersen, the officer noticed that his eyes were red, his speech was somewhat slurred, and his balance was poor.
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Cited as authority (rule)
Samuels v. the State
Heap, District Attorney, Andre Pretorius, VandanaMurty, Assistant District Attorneys, for appellee. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See U. S. Const, amend.
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Lafavor v. the State
(3×)
also: Cited "see, e.g."
In addition, Lafavor and his wife testified in Lafavor’s defense, and both asserted that he was not 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 exceeding the speed limit.
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Cited as authority (rule)
Hartzler v. the State
Ellington, P. J., and McFadden, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Sowell v. State, 327 Ga. App. 532, 534 ( 759 SE2d 602 ) (2014). 3 Lee v. State, 317 Ga. App. 507, 508 ( 731 SE2d 768 ) (2012) (punctuation omitted); see Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 4 Sowell, 327 Ga. App. at 534 (punctuation omitted). 5 OCGA § 40-6-393 (a). 6 OCGA § 40-6-391 (a) (1). 7 OCGA § 40-6-391 (a) (5). 8 Kirk v. State, 289 Ga. App. 125, 127 ( 656 SE2d 251 ) (2008) (punctuation omitted); accord Ponder v. S…
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Cited as authority (rule)
Moton v. the State
Ellington, P. J., concurs in judgment only. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See OCGA § 16-6-8 (a) (2). 3 See OCGA § 16-6-8 (a) (3). 4 See English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010). 5 Jones v. State, 318 Ga. App. 26, 29 (1) ( 733 SE2d 72 ) (2012) (punctuation omitted); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 6 Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001) (punctuation omitted). 7 OCGA § 16-6-8 (a) (2). 8 OCGA § 16-6-8 (a) (3). 9 See Douglas v. State, 330 G…
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Cited as authority (rule)
Hogan v. the State
Doyle, P. J., and Miller, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Hogan was also charged with possession of a firearm by a convicted felon, but that charge was nolle prossed prior to trial.
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Cited as authority (rule)
Curry v. the State
Doyle, P. J., and Miller, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Jones v. State, 326 Ga. App. 658, 661 ( 757 SE2d 261 ) (2014). 3 See OCGA § 24-4-404 (b) (“The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. . . .”). 4 Because this case was tried after January 1, 2013, our new Evidence Code applies.
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Cited as authority (rule)
Algren v. the State
Doyle, P. J., and Miller, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Stewart v. State, 277 Ga. 138, 139 ( 587 SE2d 602 ) (2003) (emphasis supplied); accord Dingler v. State, 233 Ga. 462, 463-64 ( 211 SE2d 752 ) (1975). 3 Stewart, 277 Ga. at 138 (punctuation omitted). 4 Heck v. State, 313 Ga. App. 571, 574 (1) ( 722 SE2d 166 ) (2012) (punctuation omitted); accord Boatright v. State, 308 Ga. App. 266, 273 ( 707 SE2d 158 ) (2011). 5 Heck, 313 Ga. App. at 574 (1); see Stewart, 277 Ga. at 139-40 . 6 Heck, 313 Ga. App. at 574 (1). 7 Id. (punctuation om…
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Cited as authority (rule)
Darius Dionne Oliver v. State
Viewed in the light most favorable to the jury’s verdict,1 the record shows that in the early morning hours of April 29, 2012, Chasmyn Donald was out with friends when she received a call from her boyfriend, Oliver, who asked her to pick him up 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). from a nightclub that he and his friends had just left.
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Cited as authority (rule)
Williams v. the State
Doyle, P. J., and Miller, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See OCGA § 16-7-1 (b) (“A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.”). 3 Curry conceded during his testimony that he was not certain as to whether Devan …
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Cited as authority (rule)
Cody Sowell v. State
Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that some time near the end of the summer of 2011, three-year-old A. H. and her aunt 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). were watching a movie together while the child’s father and Sowell, who was married to the father’s sister, were working on Sowell’s truck outside.
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Cited as authority (rule)
Weyman Wheeler v. State
N., at which point she admitted that she and Weyman were involved in a sexual relationship. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Weyman was thereafter charged, via indictment, with one count of aggravated child molestation, one count of child molestation, one count of statutory rape, and one count of enticing a child for indecent purposes.
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Cited as authority (rule)
Ronald McDougler v. State
(2×)
also: Cited "see"
On July 2, 2009, approximately two weeks before his scheduled trial date, McDougler filed a motion 1 407 U.S. 514 ( 92 SCt 2182 , 33 LE2d 101) (1972). 2 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 3 See OCGA § 16-13-30 (b). 4 See OCGA § 16-13-30 (a). 2 to dismiss the accusation on the ground that his constitutional right to a speedy trial was violated.5 On July 9, 2009, the trial court issued an order denying McDougler’s speedy-trial claim.
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McDougler v. State
(3×)
also: Cited "see, e.g."
Powell, 310 Ga. App. at 144 (punctuation omitted).
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State v. Corey Simmons
Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that some time between 12:00 a.m. and 1:00 a.m. on September 27, 2009, Derrick Arnold and Jason Barnes set out to meet some friends at a nightclub in the Midtown 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). area of Atlanta.
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Cited as authority (rule)
Ramiro Garcia v. State
Garcia then 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 drove away from the house, at which point one of the task-force officers followed him and radioed for a uniformed patrol officer to do the same.
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Cited as authority (rule)
Jonathan Edwards Crosby v. State
Subsequently, a crime-scene technician with the sheriff’s department collected samples from both blood stains and transported them to the Georgia Bureau of Investigation’s (“GBI”) crime lab for DNA testing. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Ten months later, an investigator with the Effingham County Sheriff’s Department received a report from the GBI Forensic Sciences Division, indicating that the DNA from the collected blood samples matched Crosby’s DNA profile, which was already in CODIS2 due to his previous convictions.
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Cited as authority (rule)
Nickholas Jones v. State
M., 1 See Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
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Dante Williams v. State
Hall, brandishing a handgun, proceeded to the master bathroom, where he placed his weapon directly into Burdine’s face and demanded to know “[w]here the shit at?” Understanding Hall to be referring to valuable musical equipment that had previously been stored in the apartment, Burdine informed him that it was no longer there. 1 See Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Because Williams was jointly tried with Kinard Hall, the factual discussion of this case relies heavily upon those facts laid out in our prior opinion involving the appeal of Hall.
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Cited as authority (rule)
Strozier v. State
(2×)
Skandalakis, District Attorney, Andrea A. Newton, Assistant District Attorney, for appellee. 1 See Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 We note that Strozier’s appeal was apparently “orphaned” years ago and has reached us by way of the trial court’s having granted a motion for out-of-time appeal. 3 It is undisputed that cocaine and alcohol were found in the victim’s system on the night of the rape. 4 Patrick McFarland pleaded guilty to rape prior to testifying against Strozier. 5 According to the men, the victim calmly left the woods with them before sudd…
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Cited as authority (rule)
Thompson v. State
Mikell, P. J., and Boggs, J., concur. 1 Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 For those unfamiliar with street jargon, a “push rod” is defined as “[a] small, but long cylindric object used to push crack residue to [the] end of the pipe[,] enabling one last hit before the hunt for the next rock continues,” and it is “[ujsually carried by the biggest fiend, but more often than not given to the rock buyer.” Urban Dictionary, http://www.urbandictionary.com/ define.php?term=push+rod (retrieved Jan. 19, 2012). 3 Powell, 310 Ga. App. at 144 . 4 Id. 5 Sosniak v.…
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Cited as authority (rule)
Calloway v. State
(2×)
Mikell, P J., and Boggs, J., concur. 1 Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 OCGA § 16-5-40 (a) (“A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.”). 3 OCGA § 16-5-21 (a) (2) (“A person commits the offense of aggravated assault when he or she assaults . . . [w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily i…
examined
Cited as authority (rule)
Layne v. State
(3×)
also: Cited "see, e.g."
Powell, 310 Ga. App. at 144 (punctuation omitted).
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Tolbert v. State
Manns, Assistant District Attorneys, for appellee. 1 Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Robinson testified at trial that since the attack, he has trouble walking and coughing, and that he still experiences pain as a result of the severe beating he endured. 3 Kizziah testified that although she had not been charged as a party to the crime, she had been informed by the State that she could still be charged as such. 4 The victims also distinguished Willis from Tolbert through physical descriptions—Willis was short and heavyset while Tolbert was tall and skinny. 5 …
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Cited as authority (rule)
Hall v. State
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 Prior to the date of the crimes, Hall dated Paul’s mother and lived in the apartment with Paul and Burdine. 3 The transcript of the motion for new trial hearing was not included in the appellate record.
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Cited as authority (rule)
Veasey v. State
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 The victim sustained bruises to her arms, legs, knees, and hands. 3 Powell, 310 Ga. App. at 144 . 4 Id. 5 See, e.g., Robins v. State, 298 Ga. App. 70, 72 (1) ( 679 SE2d 92 ) (2009) (robbery victims’ in-court identification of suspect was sufficient evidence to sustain conviction); Walker v. State, 281 Ga. App. 94, 94-100 ( 635 SE2d 577 ) (2006) (evidence was sufficient to convict defendant of various theft-related offenses when he was found in possession of stolen items); Davi…
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Cited as authority (rule)
Myers v. State
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See OCGA § 16-5-21 (a) (2), (c). 3 See OCGA § 40-6-395 (a). 4 See OCGA § 16-10-24 (b). 5 Myers was charged with two counts of aggravated assault — one alleging aggravated assault in general and another alleging aggravated assault against a peace officer.
discussed
Cited "see"
Jones v. State
(2×)
See Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
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Cited "see"
Williams v. State
(2×)
See Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
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Cited "see, e.g."
Pedersen v. State
(2×)
See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
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Cited "see, e.g."
Freeman v. the State
(2×)
VI (“In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him ....”); see also Ga. Const, art. 1, § 1, *430 ¶ XIV (“Every person charged with an offense against the laws of this state . . . shall be • confronted with the witnesses testifying against such person.”). 2 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 3 See former OCGA § 16-13-31 (a) (1).
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Cited "see, e.g."
Oliver v. State
(2×)
See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
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Cited "see, e.g."
Sowell v. State
(2×)
See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011).
Powell
v.
the State
v.
the State
A11A0648.
Court of Appeals of Georgia.
Jun 17, 2011.
Edgar A. Callaway, Jr., for appellant., Richard R. Read, District Attorney, Roberta A. Earnhardt, Assistant District Attorney, for appellee.
Doyle, Ellington, Miller.
Cited by 68 opinions | Published
Following a jury trial, Sandy Powell was convicted of robbery. [1] Powell appeals the denial of his motion for new trial, arguing that the evidence was insufficient to support his conviction. We disagree and affirm.
When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. [2]
So viewed, the evidence shows that on February 19, 2009, Steven Hulsey gave Jessica Davis a ride to Powell’s house. Hulsey waited in the car while Davis entered Powell’s house. While inside, Davis spoke with Randy Pitts, and the two decided to rob Hulsey. Davis returned[*145] to Hulsey’s car, and they proceeded to a Ramada Inn. During the drive, Davis repeatedly sent text messages to Pitts’s cell phone, discussing the impending robbery.
When they arrived at the motel, Davis urged Hulsey to ask for a room at the back of the complex. Once in the motel room, Hulsey decided to take a shower. Hulsey placed his wallet, which contained approximately $2,300 in cash, in a stack of towels in the bathroom before entering the shower.
Meanwhile, Powell, Pitts, Chris Marable, and Ryan Freeman left Powell’s house and drove to the motel. While en route, there were multiple text messages exchanged with Davis regarding the robbery, which all four occupants of the car discussed. When they arrived at the motel, the four men entered the motel room, while Hulsey was in the shower. Davis did not know where Hulsey’s wallet was located, so Pitts directed her to go into the bathroom and ask Hulsey for some money to get a drink. Davis complied and told Pitts that Hulsey’s wallet was in the bathroom. Pitts then went into the bathroom, struck Hulsey in the face, took his wallet, and then left the motel in the car with Davis, Powell, Marable, and Freeman. The group returned to Powell’s house, where they divided up the money Pitts took from Hulsey. After the robbery and his subsequent arrest, Powell asked Hulsey if he would be willing to drop the charges if his money was returned to him; Hulsey agreed, but his money was never returned.
On appeal, Powell argues that the evidence was insufficient to demonstrate that he was a party to Hulsey’s robbery rather than merely present at the scene of the crime before the actual robbery. We disagree.
“A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another . . . [b]y use of force.” [3] “Even if a person does not directly commit the crime, a person who intentionally aids or abets in the commission of a crime or intentionally advises, encourages, hires, counsels or procures another to commit the crime may be convicted of the crime as a party to the crime.” [4] Factors to consider when determining whether a person is a party to a crime include “the person’s presence, companionship, and conduct before and after the crime. . . .” [5]
Here, testimony that Powell was present in the car with Pitts, Freeman, and Marable, and that he participated in the discussion[*146] about the robbery, combined with his subsequent entry into the motel room where Davis and Hulsey were present and his flight thereafter, was sufficient to support his robbery conviction. [6]
Judgment affirmed.
1
OCGA § 16-8-40 (a) (1).
2
Jones v. State, 302 Ga. App. 147 (1) (690 SE2d 460) (2010). See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
3
OCGA § 16-8-40 (a) (1).
4
(Citation and punctuation omitted.) Green v. State, 298 Ga. App. 17, 20 (1) (679 SE2d 348) (2009). See OCGA § 16-2-20 (b) (3), (4).
5
Parks v. State, 272 Ga. 353, 354 (529 SE2d 127) (2000).
6
See Millender v. State, 286 Ga. App. 331, 332 (1) (648 SE2d 777) (2007); Cutkelvin v. State, 258 Ga. App. 691, 693-694 (1) (574 SE2d 883) (2002); Barnett v. State, 244 Ga. App. 585, 588 (2) (536 SE2d 263) (2000).