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Odle v. State

Court of Appeals of Georgia

March 12, 2015

ODLE
v.
THE STATE

Armed robbery, etc. Rockdale Superior Court. Before Judge Mumford.

Patricia M. Moon, for appellant.

Richard R. Read, District Attorney, Roberta A. Earnhardt, Assistant District Attorney, for appellee.

PHIPPS, Chief Judge. Ellington, P. J., and McMillian, J., concur.

OPINION

Page 257

Phipps, Chief Judge.

In connection with a bank robbery, Michael Odle was tried by a jury and found guilty of three counts of armed robbery,[1] nine counts of aggravated assault,[2] nine counts of false imprisonment,[3] and two counts of possession of a firearm during the commission of a felony.[4] Odle appeals the denial of his motion for new trial, challenging the [331 Ga.App. 147] sufficiency of the evidence and the court's determination that he was not denied effective assistance of trial counsel. We affirm.

1. Odle contends that the evidence was insufficient to support his convictions. He asserts that " [w]ithout question, someone committed the offenses," [5] but argues that the state failed to prove that he was that person. According to Odle, the state's case was based on the uncorroborated testimony of an alleged accomplice, in violation of OCGA § 24-14-8.[6]

When a defendant challenges the sufficiency of the evidence supporting his criminal conviction, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.[7]

So viewed, the evidence adduced at trial included the following. L. B. testified that on September 2, 2011, she was working as a teller at a bank branch when a masked man wearing a tan cap, white tee shirt, and jeans entered the bank. The man was brandishing a handgun, and went to each teller's station. L. B. watched as the other tellers gave the man money. When the man pointed the gun at L. B., who " fear[ed] [for] her life," L. B. placed money and a tracking device in a bag and gave it to the man.

A. S. testified that she was working as a teller at the bank on the date of the robbery when, at about 10:45 a.m., she noticed a masked man standing at another teller's station. The masked man said, " hurry up or I am going to shoot," and the other teller gave the man money. The man then went to A. S.'s station, pointed a gun at her, and demanded that she put money in the bag he provided. She complied, and gave him the money. The man ordered A. S. and her customer, J. S., to get on the floor, which they did. The man then walked to other teller stations and demanded money from two more tellers.

[331 Ga.App. 148] A third teller, M. N., testified that the masked man held a gun to his face and ordered him to put money in the bag; M. N. complied and gave him the bag. The man ordered M. N. to get on the ground, and he did so.

A fourth teller, S. M., testified that the man approached her, ...


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