Armed robbery. Gwinnett Superior Court. Before Judge Hutchinson.
Angela B. Dillon, for appellant.
Daniel J. Porter, District Attorney, Christopher M. Quinn, Wesley C. Ross, Assistant District Attorneys, for appellee.
BARNES, Presiding Judge. Branch, J., concurs. Boggs, J., concurs in judgment only.
Barnes, Presiding Judge.
Following a jury trial, Sewlyn Logan-Goodlaw was convicted of armed robbery and sentenced to 20 years, with 15 to be served in confinement. Following the grant of an out-of-time appeal, he now appeals from the denial of his motion for new trial. On appeal, Logan-Goodlaw contends that the evidence was insufficient to sustain his conviction and that the trial court erred in admitting evidence of an independent crime. Following our review, we affirm.
On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury's verdict, and the appellant is no longer entitled to the presumption of innocence. Newsome v. State, 324 Ga.App. 665, 665 (751 S.E.2d 474) (2013). We neither weigh the evidence nor assess the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the appellant guilty of the crimes charged beyond a reasonable doubt. Byrd v. State, 325 Ga.App. 24, 24 (752 S.E.2d 84) (2013).
So viewed, the evidence demonstrates that through his contact with a friend, the victim arranged to purchase a Monte Carlo from Logan-Goodlaw for $4,000. The men arranged to meet, and the victim drove to Lawrenceville, checked into a hotel, and waited for Logan-Goodlaw to contact him. The men talked multiple times during the [331 Ga.App. 672] day, and finally arranged to meet at midnight at the home of the victim's friend who had initially told him about the car. The victim took a taxi to the home where Logan-Goodlaw and the victim's friend were waiting. Logan-Goodlaw showed the victim several documents, including proof of insurance and the car's title, but the victim told Logan-Goodlaw that he would not show him the money until he " crunk the car up." The car was not at that location, so the victim got into Logan-Goodlaw's SUV, purportedly to meet Logan-Goodlaw's aunt, who had the car. The victim testified that when they got into the SUV, he noticed two cars " zoom[ ] ... past us," and that as they drove through the neighborhood, Logan-Goodlaw was on his cell phone " talking to his people, like where are you? Where's the car? I don't see you. On my way." Logan-Goodlaw pulled into a driveway, and told whomever was on the phone that " we're right here, I should see you when you when you coming around." As the men sat there, Logan-Goodlaw unlocked the car doors and when he did, " eight or nine" masked people dressed in black with handguns and shotguns grabbed the victim, pulled him out the car, beat him, and then robbed him of the $4,000 cash he had with him to purchase the car, another $300 in cash he had with him, his cell phone, and his flip-flops. As one man held a gun to the victim's head, Logan-Goodlaw told him not to shoot the victim. The victim recognized the voice of one of the masked men as someone he knew who lived in that Lawrenceville neighborhood. After the robbery, the men got into Logan-Goodlaw's SUV and another car and sped away. The victim went to his mother's house, which was in the same neighborhood, but when no one answered the door, walked about a mile to the hotel where he was staying. He reported the robbery to police the next morning. Logan-Goodlaw was questioned by police, and initially denied knowing anything about the armed robbery, but later admitted that he was present during the robbery but denied participating in robbing the victim.
1. Although Logan-Goodlaw contends that the evidence established only that he was present at the scene of the armed robbery, and thus was insufficient to sustain his conviction, when determining whether the totality of the evidence was sufficient to support a 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. This familiar standard gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, [331 Ga.App. 673] and to draw reasonable inferences from basic facts to ultimate facts. Once a defendant has been found guilty of the crimes charged, the factfinder's role as weigher of the evidence is preserved through a legal conclusion that upon judicial review all the evidence is to be considered in the light most favorable to the prosecution.
(Citation and punctuation omitted; emphasis in original.) Armstrong v. State, 325 Ga.App. 33, 35-36 (1) (752 S.E.2d 120) (2013). " The testimony of a single witness is generally sufficient to establish a fact." OCGA § 24-14-8. Armed robbery occurs " when, with intent to commit theft, [a person] 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." OCGA § 16-8-41 (a). See Frazier v. State, 305 Ga.App. 274, 275 (1) (699 S.E.2d 747) (2010) (finding that " the victim's testimony alone [was] sufficient to authorize the jury's verdict of guilty beyond a reasonable doubt" ). Notwithstanding Logan-Goodlaw's contention otherwise, it was for the jury in this case to gauge the credibility of the testimony and evidence regarding his intent. Powell v. State, 291 Ga. 743, 745 (1) (733 S.E.2d 294) (2012). " [A]rguments that go to the weight and credibility that the jury wished to assign to the State's otherwise sufficient evidence present no basis for reversal." (Citation, punctuation and footnote omitted.) Crawford v. State, 301 Ga.App. 633, 636 (1) (688 S.E.2d 409) (2009). We find the evidence set forth above sufficient to find Logan-Goodlaw guilty of armed robbery.
2. Logan-Goodlaw also contends that the trial court erred in admitting a prior armed robbery under OCGA § 24-4-404 (b). He asserts that the evidence did not satisfy two prongs of the three-prong test employed by United States v. Edouard, 485 F.3d 1324, 1345 (II) (C) (1) (11th Cir. 2007) and utilized ...