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Smith v. State

Court of Appeals of Georgia

July 16, 2015

SMITH
v.
THE STATE

Page 736

Robbery. DeKalb Superior Court. Before Judge Barrie.

David D. Marshall, for appellant.

Robert D. James, Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, for appellee.

OPINION

Page 737

Andrews, Presiding Judge.

A DeKalb County jury returned guilty verdicts against Daryl Austin Smith for four counts of robbery by intimidation (OCGA § 16-8-40 (a) (2)), and the trial court sentenced Smith to an aggregate term of 25 years in confinement followed by 15 years of probation. The trial court denied Smith's motion for new trial as amended, and Smith appeals. Finding no error, we affirm.

[333 Ga.App. 257] 1. Viewed in a light most favorable to the jury's verdicts, the evidence adduced at trial revealed that DeKalb County suffered a rash of bank robberies in May and June 2010. Smith was indicted for four of those robberies.

(a) Count 1.

The evidence showed that Robert Leadingham was working as a teller at a Wachovia Bank branch on Clairmont Road. On May 27, 2010, a man entered the bank and appeared " uneasy" and " unsure." The man was dressed in a white shirt, hat, and sunglasses. Leadingham, who was in the lobby area of the bank, greeted the man and attempted to sell him an account. Although the man declined, saying he did not have proper identification, Leadingham suggested the man meet with the branch manager. After meeting with the manager, the man left. Leadingham returned to the teller area behind the counter. Approximately 30 minutes later, the man returned; Leadingham, who was working in the drive-through area, spotted the man and approached him. The man placed a handwritten note on the counter. The note stated that the man " wanted all the money in the bank, he had a gun, and he was willing to kill everyone in the bank for the money." The man then told Leadingham that the man would " follow through with [the note]" and gave him a grocery bag. In disbelief, Leadingham collected money from different cash drawers, including a cash bundle equipped with a GPS tracking device, and placed the money in the grocery bag. Leadingham tried to get smaller denomination bills so the man would think he had more cash. Leadingham also calmed another teller who was upset by the robbery. Leadingham then returned the bag to the man, and the man ran from the bank.

(b) Count 2.

Evidence demonstrated that Mary Rasheed was working as a teller supervisor at a SunTrust Bank branch on Lavista Road. In the early afternoon hours of June 9, 2010, a man walked into the bank, sat down, and left a few moments later. The next day at about the same time, a different man entered the bank, sat down for a few moments, and then approached Rasheed's window at the teller counter. The man was dressed in a long-sleeve white shirt, jeans, a cap, and sunglasses. The man handed Rasheed a note, which stated, in part, " [t]his is not a joke[; ] I'm not playing no games." Rasheed was frightened and collected money from her cash drawer, placed it in a plastic bag given to her by the man, and returned it to the man. The cash Rasheed gave the man consisted of 20 dollar bills and smaller denominations. The man then left the bank.

(c) Count 3.

Evidence revealed that Rhonda Byars was a manager at the Chase Bank at the corner of Flakes Mill Road and Flat Shoals Parkway. In the early afternoon on June 17, 2010, Byars was assisting tellers by working in the teller line. A man approached her [333 Ga.App. 258] window and placed a folded note on the counter. The man was wearing a T-shirt, hat, and sunglasses, and held a cellular telephone to his ear. The man also had tattoos on his arm. The note given to Byars stated that the man wanted " hundreds and fifties" and directed Byars " not to do anything stupid, not to hit any buttons or they would kill everybody in the branch." The note closed with the statement, " this is for real[; ] I'm not playing." Byars was " startled and surprised," obtained cash from a cash dispensing machine, and placed the cash on the counter. The man grabbed the cash and fled.

(d) Count 4.

On June 23, 2010, Laura Lack was working as a manager at a Chase Bank branch on North Decatur Road. Like Byars, Lack would assist tellers by working in the teller line as needed. Lack was working in the teller line in the early afternoon hours of June 23 when a man walked up to Lack's window and placed a note on the counter. The man had a cellular telephone

Page 738

to his ear and was wearing a white T-shirt, jeans, and sunglasses. The note demanded that Lack ...


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