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Harris v. State

Court of Appeals of Georgia

July 7, 2015

HARRIS
v.
THE STATE

Armed robbery. Bibb Superior Court. Before Judge Christian, Senior Judge.

Tamika L. Fluker, for appellant.

K. David Cooke, Jr., District Attorney, Dorothy V. Hull, Assistant District Attorney, for appellee.

BARNES, Presiding Judge. Ray and McMillian, JJ., concur.

OPINION

Page 166

Barnes, Presiding Judge.

Following the denial of his motion for new trial, Haniyf A. Harris appeals his armed robbery conviction and contends that the evidence was insufficient to sustain his conviction, and that the trial court erred in denying his motion to suppress the photographic lineup and [332 Ga.App. 790] in admitting similar transaction evidence. Following our review and discerning no reversible error, we affirm.

1.

Harris first challenges the sufficiency of the evidence supporting his armed robbery conviction. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict in accordance with the standard set forth in Jackson v. Virginia, 443 U.S. 307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979). " 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." (Footnote omitted.) Clark v. State, 283 Ga.App. 884, 886 (1) (642 S.E.2d 900) (2007).

So viewed, the evidence demonstrates that on May 3, 2010, at approximately 11:30 a.m., a female caller ordered a pizza from Papa John's to be delivered to Apartment M-11 at a particular street address located in Pendleton Homes apartment complex. When the delivery driver approached M-11, a man wearing a red baseball cap and red sweatshirt with a hood walked up, pointed a gun at her, and demanded money. She gave the robber her money, approximately $95, and the robber then told her to leave. The driver went back to her car and called her boss and police.

Police discovered that apartment M-11 was vacant, but they were able to trace the number the call was placed from to a sister of Harris' girlfriend. Although initially uncooperative, the sister admitted that the number belonged to a cell phone used by Harris, and that he sometimes stayed with their other sister in Pendleton Homes. When police questioned the other sister, she showed them a red sweatshirt that belonged to Harris that matched the description of the one worn by the robber. Police also interviewed Harris' girlfriend, who said that she and Harris were at her sister's apartment in Pendleton Homes the day of the robbery. She told police that at some point during the morning, Harris, who at the time was wearing a black shirt, left the apartment and said he needed to get some money. When he returned at approximately 3:00 p.m., Harris was wearing a red sweatshirt and had approximately $100. Three days after the robbery, the driver identified Harris from a six-photo lineup.

Although Harris challenges the sufficiency of the evidence against him, the evidence as outlined above was sufficient for a rational

Page 167

trier of fact to find Harris guilty of the armed robbery. See former OCGA § 24-4-8 (" [T]estimony of a single witness is generally sufficient to establish a fact." )[1] It was the role of the jury, not this Court, " to determine [332 Ga.App. 791] the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence." (Citation and punctuation omitted.) Farris v. State, 290 Ga. 323, 324 (1) (720 S.E.2d ...


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