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Johnson v. State

Court of Appeals of Georgia

March 12, 2015

JOHNSON
v.
THE STATE

Cert. applied for.

Armed robbery. Gwinnett Superior Court. Before Judge Hamil.

Sharon L. Hopkins, for appellant.

Daniel J. Porter, District Attorney, Christopher M. Quinn, Assistant District Attorney, for appellee.

McMILLIAN, Judge. Phipps, C. J., and Ellington, P. J., concur.

OPINION

McMillian, Judge.

Carl Desmond Johnson appeals after a Gwinnett County jury convicted him of the offense of armed robbery. Johnson argues that the trial court erred in not allowing him to introduce evidence that he had pled guilty to robbery by intimidation in connection with two other robberies in DeKalb County, as support for his defense that he did not have a

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gun in the Gwinnett County robbery. He also asserts that the evidence was insufficient to support his conviction. We affirm for the reasons set forth below.

Viewed in the light most favorable to the verdict,[1] the evidence at trial showed that Ann Kelley was working as a bank teller in Norcross [331 Ga.App. 135] on June 26, 2010, when Johnson[2] came to her window and handed her a note stating, " This is not a game." He was wearing loose fitting clothes, sunglasses, and a baseball cap, and he was talking on his cell phone, while at the same time talking to Kelley. Johnson was very specific about the denominations he wanted, and, placing his hand on his hip, he told Kelley to look forward, and not to look at anyone else, or she would be shot. Johnson kept urging Kelley to " hurry up." Kelley never saw a gun, but the t-shirt Johnson was wearing was long and extended below where he had placed his hand. From Johnson's verbal threat and the way he was standing, Kelley thought she was going to be shot if she did not hurry and give him the money. Kelley demonstrated for the jury how Johnson was standing that day. After she put money in the bag Johnson handed her, he left the bank.

Cheryl King, a teller at a DeKalb County bank, testified that three days later, on June 29, 2010, Johnson, again wearing a baseball hat and sunglasses and talking on his cell phone, handed her a note that read, " This is a robbery." From Johnson's gestures, which included patting his hip, she believed that he had a gun, and she put money in the plastic bag he handed her. King also demonstrated these gestures to the jury.

Other evidence will be set forth below as necessary to address Johnson's specific claims of error.

1. We first address Johnson's argument that the evidence was insufficient to support his conviction.

OCGA ยง 16-8-41 (a) provides that " [a] person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon." Here, Johnson's counsel admitted in opening statement that he committed the robbery in this case, but he asserted that Johnson ...


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