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Lee v. State

Court of Appeals of Georgia

June 29, 2015

LEE
v.
THE STATE

Armed robbery, etc. Fulton Superior Court. Before Judge Bedford.

Jennifer A. Trieshmann, for appellant.

Paul L. Howard, Jr., District Attorney, Lori L. Canfield, Assistant District Attorney, for appellee.

ELLINGTON, Presiding Judge. Dillard and McFadden, JJ., concur.

OPINION

Page 704

Ellington, Presiding Judge.

A Fulton County jury found Kevin Lee guilty of two counts of armed robbery, OCGA § 16-8-41; one count of aggravated assault with intent to rob, OCGA § 16-5-21 (a) (1) (2007); and one count of possession of a firearm during the commission of a felony, OCGA § 16-11-106. On appeal, Lee claims that the trial court erred in admitting the victims' pre-trial and in-court identifications. For the reasons set forth below, we find no merit in this claim.

Page 705

Viewed in the light most favorable to the jury's verdict,[1] the evidence shows that around 6:00 p.m. on July 13, 2007, Lee and an accomplice robbed two college students. R. M. testified that he was in his Fulton County home working on a paper when he heard the door chime. Two men, whom the victims later identified as Lee and Larry Brown, walked into the house and instructed R. M., " [y]ou already know what it is, get on the floor." When Brown pulled out a gun, R. M. got on the floor.

The second victim, C. M., who had been in his bedroom, walked out to find the two men, one of whom had a gun pointed at R. M.'s head. C. M. ran to retrieve his firearm, but he slipped on the floor as Brown pursued him. Brown fired a shot, which missed C. M. He then struck C. M. in the back of the head with his gun and dragged him to the living room, where he was forced to lie on the floor with R. M.

[332 Ga.App. 631] After asking C. M. and R. M. if they had any valuables, Brown and Lee took the victims to C. M.'s room and had them lie under a mattress. As C. M. was taken to his room, Brown gave the gun to Lee, who held it on R. M. Brown and Lee ransacked the house and ultimately took the victims' cell phones and the keys to C. M.'s truck. Meanwhile, the third resident of the house was hiding upstairs in the bathroom with his girlfriend, who called the police. When Brown and Lee realized that the police had arrived, they fled out the back door of the residence.

When the responding officers arrived, they saw two men running out of the back of the house. One officer chased the men while the other officer spoke with the victims, who gave him a description of the suspects. The officer who chased the robbers almost caught up with them, but they jumped off a concrete wall and ran in different directions. The officer pursued one suspect, later identified as Lee, and, with the assistance of a back-up officer, arrested him in the parking lot of a nearby restaurant. Brown was apprehended a few minutes later by other officers. They also recovered the black handgun that Brown had hidden in the nearby brush.

The police brought Lee back to the victims' home. As he was sitting in the back of the police car, C. M. and R. M. identified Lee as one of the robbers. The police also recovered two cell phones and a set of car keys from Lee, and C. M. and R. M. confirmed that the items belonged to them. The victims were then taken to see Brown, who had been injured jumping off the wall, and they identified him as the other robber. At trial, both C. M. and R. M. made an in-court identification of Lee as the man who entered their home and had held the gun on R. M.

Brown testified at trial as a witness for the State. According to Brown, he and Lee initially went to the victims' home to buy marijuana, but instead they robbed them. Brown said that he shot his gun at the floor after C. M. started to run, that he pulled C. M. into the living room with R. M., and that he then gave the firearm to Lee to hold while he searched the house for money. According ...


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