BARNES, P. J., RICKMAN and BETHEL, JJ.
Tyrone Moore appeals from the denial of his motion for a new
trial. Moore argues that the evidence was insufficient to
support his conviction for false imprisonment and that the
trial court erred in sentencing him for two counts of armed
robbery where both counts arose from a single transaction
involving a single victim. Because the evidence is sufficient
to support his conviction for false imprisonment, we affirm.
But we vacate Moore's armed robbery conviction with
respect to Count 3 because Moore could be convicted of and
sentenced for only one robbery.
appeal, the evidence must be viewed in the light most
favorable to support the verdict, and the appellant no longer
enjoys a presumption of innocence." Culver v.
State, 230 Ga.App. 224, 224 (496 S.E.2d 292) (1998)
(citing Williams v. State, 228 Ga.App. 698, 699 (1)
(492 S.E.2d 708) (1997)). So viewed, the evidence shows that
Moore ambushed A. J., who was leaving a restaurant where she
worked after it had closed for the evening, revealing what
Moore represented to be a gun hidden under his shirt. Moore
shoved A. J. back into the store. Moore continued to shove A.
J. toward the counter, and then ordered her to lie on the
floor and not move. Another employee, T. R., who had
witnessed the initial encounter between Moore and A. J., ran
to alert the manager that they were being robbed. T. R.
activated the silent alarm in the back of the store and then
subsequently approached the back of the store, and confronted
the store manager and two other employees. Moore ordered the
manager and another employee to open the safe, but the
manager explained he was not able to do so because it was on
a time-lock. Moore began counting to ten, saying he did not
believe the manager. Once it became clear the manager was
unable to get into the safe, Moore took the contents of the
register, after being informed by the manager that it was the
only money accessible in the store, as well as the
manager's wallet. Moore then ordered the manager to lie
on the floor.
approximately 10:52 p.m., a police officer received a call
from dispatch in response to the silent alarm being activated
at the restaurant. Upon approaching the restaurant less than
a minute after receiving the call, the officer witnessed
Moore run across the street. The officer chased Moore and
ordered him to stop and drop his weapon, which Moore did not
do, and the officer lost him. Less than an hour later,
another officer found Moore hiding nearby and was able to
arrest Moore after a brief struggle. The manager's wallet
was found approximately one foot from where Moore had fought
the arresting officer, and the same amount of money missing
from the wallet was found on Moore's person. The precise
amount of money taken from the restaurant's register was
also found near Moore's person. After being advised of
his Miranda rights, Moore spontaneously volunteered
that he had robbed the restaurant because a gang that was
providing housing for his family had demanded that he do so.
was convicted of obstruction with violence, two counts of
armed robbery, five counts of false imprisonment, and one
count of simple battery. Moore filed a motion for new trial,
which the trial court denied following a hearing. This appeal
Moore first argues, and the State concedes, that the trial
court erred in sentencing him on two counts of armed robbery.
Count 2 charged Moore with using an unknown weapon to take
$15.60 from the restaurant's cash register in the
manager's presence, and Count 3 charged Moore with using
an unknown weapon to take the manager's wallet and $20
contained inside. Moore was found guilty on both counts and
was sentenced to life without parole for both convictions,
with his sentence for Count 3 to run concurrent with his
sentence for Counts 2.
Robbery is a crime against possession, and is not affected by
concepts of ownership. Similarly, one may only rob a person,
and not a corporate entity, or an object such as a cash
drawer. It follows that since there was only one victim, the
[manager], who was by this single transaction despoiled of
his possession of both his own money and his employer's
money, there was only one robbery.
Randolph v. State, 246 Ga.App. 141, 144 (1) (538
S.E.2d 139) (2000) (citations and punctuation omitted). We
agree with Moore and the State that only one armed robbery
occurred. See Jones v. State, 279 Ga. 854, 857 (3)
(622 S.E.2d 1) (2005) ("[W]here one victim is robbed of
multiple items in a single transaction, only one robbery is
committed."); Bland v. State, 264 Ga. 610, 612
(4) (449 S.E.2d 116) (1994); Creecy v. State, 235
Ga. 542, 544 (5) (221 S.E.2d 17) (1975). Consequently, the
trial court erred in entering a separate judgment of
conviction and sentence for armed robbery as alleged in Count
3 of the indictment. That judgment of conviction is vacated,
and the trial court is directed to strike the sentence
imposed on the third count. Randolph, 246 Ga.App. at
Moore next argues that there was insufficient evidence to
support one of his false imprisonment convictions. We
conclude that the evidence was sufficient to establish that
Moore falsely imprisoned the victim in question - as to this
count, the employee T. R.
review challenges to the sufficiency of the evidence,
"[w]e neither weigh the evidence nor judge the
credibility of witnesses, but determine only whether, after
viewing the evidence in the light most favorable to the
prosecution, a rational trier of fact could have found the
essential elements of the crime beyond a reasonable
doubt." Otuwa v. State, 319 Ga.App. 339, 339-40
(734 S.E.2d 273) (2012) (citing Jackson v. Virginia,
443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560) (1979))
(punctuation omitted). "To sustain a conviction for
false imprisonment, the State must show evidence of an
arrest, confinement,  or detention, and detention for a brief
amount of time is sufficient." Pierce v. State,
301 Ga.App. 167, 169 (1) (c) (687 S.E.2d 185) (2009); OCGA
§ 16-5-41(a). "It is for the jury to decide if the
detention amounted to false imprisonment."
Pierce, 301 Ga.App. at 169 (1) (c). Once the
confinement or detention has occurred, "the offense is
complete notwithstanding that the victim may thereafter
effect an escape." Kiser v. State, 327 Ga.App.
17, 19 (2) (755 S.E.2d 505) (2014) (quoting Herrin v.
State, 229 Ga.App. 260, 263 (3) (493 S.E.2d 634) (1997))
appeal, Moore argues there was no evidence showing that T. R.
was ever confined or detained, as Moore was unaware of her
presence. T. R. did not testify at trial. But other employees
testified that T. R. observed Moore accosting A. J. as A. J.
was attempting to leave the restaurant through the front
door. When Moore confronted A. J., Moore revealed what
appeared to be a gun hidden under his shirt and forced her
back into the restaurant. Moore then ordered A. J. to lie on
the floor. T. R., who was watching A. J. leave as a safety
precaution, observed enough of this confrontation that she
then ran to alert the manager that they were being robbed,
and then activated the silent alarm in the back of the store
and hid. The testimony from the other employees about T.
R.'s actions - observing the encounter between Moore and
A. J., retreating from the front door of the store to warn
the manager of the robbery, activating the silent alarm, and
hiding in the back of the store - constitute sufficient
evidence for the jury to determine that she was detained
against her will. See, e.g., Kiser, 327
Ga.App. at 19-20 (d) (evidence sufficient to support false
imprisonment conviction where victim jumped through a window
to escape mobile home when defendant was guarding the door);
Wilson v. State, 304 Ga.App. 743, 747-48 (1) (d)
(698 S.E.2d 6) (2010) (sufficient evidence supported false
imprisonment conviction even though defendant blocked only
the front door and left other avenues of escape). And the
presence of this evidence distinguishes this case from others
in which convictions have been reversed for false
imprisonment. Compare Benbow v. State, 288 Ga. 192,
194 (702 S.E.2d 180) (2010) (reversing convictions for false
imprisonment where there was no evidence that defendant,
despite shooting a person at the front door of a house and
taking money before fleeing, took any action to confine the
victims to the house); Ward v. State, 304 Ga.App.
517, 523 (1) (c) (696 S.E.2d 471) (2010) (reversing false
imprisonment conviction where there was no evidence ...