BARNES, P. J., MCMILLIAN and MERCIER, JJ.
Stallings was indicted in the Superior Court of Bibb County
along with Jarvis Williams and Diondra Walker for offenses
related to a series of armed robberies in Macon in 2012.
Following a bench trial in which her co-defendant Williams
testified as a witness for the State, Stallings was found
guilty of one count of armed robbery and one count of
aggravated assault, and not guilty on three other counts.
Stallings appeals the convictions and trial court's
denial of her motion for new trial, contending that the
evidence was insufficient to support her convictions and that
the trial court erred in denying her motion to suppress oral
and written statements she gave to law enforcement officers.
For the reasons that follow, we affirm in part, vacate in
part, and remand the case with direction.
Stallings was charged jointly with Williams and Walker with
attempted armed robbery and two counts of aggravated assault
relating to an attempted armed robbery at a Sunrise store in
Macon on April 18, 2012 (Counts 1, 2, and 3 of the
indictment, respectively), and with armed robbery and
aggravated assault relating to a robbery at a Kwik Trip store
in Macon on April 30, 2012 (Counts 6 and 7,
respectively).Stallings was found not guilty on Counts 1,
2, and 3, and found guilty on Counts 6 and 7. She contends
that the evidence was insufficient to support her convictions
because the testimony of Williams, her co-defendant, was not
appeal the evidence must be viewed in the light most
favorable to support the verdict, and [Stallings] no longer
enjoys a presumption of innocence; moreover, an appellate
court determines evidence sufficiency and does not weigh the
evidence or determine witness credibility." Short v.
State, 234 Ga.App. 633, 634 (1) (507 S.E.2d 514) (1998).
"As long as there is some competent evidence, even
though contradicted, to support each fact necessary to make
out the State's case, we must uphold the . .
verdict." Williamson v. State, 285 Ga.App. 779,
780 (1) (648 S.E.2d 118) (2007) (citation omitted).
Every person concerned in the commission of a crime is a
party thereto and may be charged with and convicted of
commission of the crime. . . .A person is concerned in the
commission of a crime only if he . . . [i]ntentionally aids
or abets in the commission of the crime; or . . .
[i]ntentionally advises, encourages, hires, counsels, or
procures another to commit the crime.
OCGA § 16-2-20 (a), (b) (3) and (4). In "felony
cases where the only witness is an accomplice, the testimony
of a single witness shall not be sufficient. Nevertheless,
corroborating circumstances may dispense with the necessity
for the testimony of a second witness." OCGA §
testimony at trial demonstrated the following. On April 18,
2012, while Williams was with Stallings, he called Walker
(also known as "Little Donkey") and discussed
robbing a store. Williams told Stallings that he was going to
rob a store, and Stallings loaned her car (a white Chevrolet
Caprice) to him. At the Sunrise Store, Walker shot a clerk,
and Williams and Walker tried unsuccessfully to take money.
The two fled the scene in Stallings's car and returned
her car to her. Later that day, Williams and Walker committed
a robbery at H&R Food Mart and took approximately five
hundred dollars. Williams gave some of the stolen money to
that same day, Williams was driving Stallings's car
again, and approached a Georgia State Patrol roadblock. There
were three firearms in the car, including the one used by
Walker in the attempted armed robbery at the Sunrise Store,
and Williams was afraid of being caught with firearms because
he was a convicted felon. He abandoned the car and fled.
Williams tried to telephone Stallings, and eventually another
(unidentified) person reached her and instructed her to
report that her car had been stolen.
April 30, 2012, Williams, Walker and Stallings carried out a
robbery at a Kwik Trip store. Williams and Stallings
encountered Walker at a store, and while the three were
talking, Stallings said, "we need to do something. We
need to get some money." Williams understood her comment
to refer to carrying out a robbery, because Stallings was
aware that robbery was "what [Williams and Walker]
did." Walker joined Williams and Stallings in
Stallings's car and retrieved a pistol that was in the
console. The three went to Williams's home, changed
clothes, got some masks, and discussed which store to rob.
went to a location near the Kwik Trip store, and Stallings
decided to go "check out the scene at the store."
She came back, said "it was clear, " and stayed in
the car, planning to be the getaway driver. Williams
testified that he was "the watch out man, " and
that Walker carried out the robbery in the store using the
pistol he had retrieved from Stallings's car. He
described how he went into the store first, bought some
items, and lingered inside, and then Walker came in with the
gun that he took from Stallings's car and said "give
it up." Williams and a woman in the store "got down
on the floor." Walker left the store while they were
still on the floor. After the robbery, Williams called
Stallings to tell her where to pick him up, and when she
arrived, Walker was already in the car. Williams, Walker and
Stallings split the money from the robbery three ways.
Williams testified that neither he nor Walker ever threatened
Stallings. He also testified that neither he nor Walker
intended to carry out a robbery that day until Stallings
decided that she wanted to do it, and then the three of them
planned it together.
trooper testified that he was conducting a road check on
April 28, 2012 and he noticed a white Chevrolet Caprice
approach the check point, then turn abruptly into a private
drive. He saw someone run away from the car. An inventory
search of the car revealed a nine-millimeter handgun and a
ski mask. The car was registered to Stallings, and while
officers were conducting their inventory search, the car was
reported stolen. The trooper testified that he spoke with
Stallings that evening, and she said that her car had been
stolen while she was unloading laundry and taking it to her
patrol officer with the former Macon Police Department
testified that Stallings's car was abandoned at the road
check on April 28, 2012 at approximately 10:00 p.m. The
patrol officer was dispatched at approximately 11:00 p.m. to
take the theft report from Stallings, and she told him that
the theft occurred at approximately 10:00 p.m. The patrol
officer asked Stallings why she waited an hour to report the
car stolen, and "[s]he didn't have an answer for
video footage from the Sunrise Store demonstrated various
details of the attempted robbery which were consistent with
Williams's testimony. A crime scene technician testified
that a bullet and a spent cartridge case from a 9-millimeter
gun were found at the Sunrise Store, and that the gun
recovered from Stallings's car was a 9-millimeter caliber
handgun. A forensic firearms scientist testified that, based
on his tests, the bullet and cartridge case recovered from
the Sunrise Store crime scene were fired from the gun that
was recovered from Stallings's car.
David Patterson was employed by the Macon Police Department
in the Criminal Investigations Division in April 2012, and
reviewed the case files of the armed robberies at the Sunrise
Store, H&R Food Mart, and Kwik Trip. Because of the items
found in Stallings's car and the circumstances of her
theft report, Patterson thought that there might be some
connection between her car and the robberies. He, Sergeant
Kenneth Chapman and Investigator Carlos Stokes went to
Stallings's home. Patterson asked Stallings to come to
the detective bureau, and she agreed; she rode there with
Chapman and Stokes, and Patterson "followed right behind
them." At the detective bureau, Stallings told Patterson
that she was scared when she reported the car stolen, and had
lied to the patrol officer about the theft. She said that she
had loaned her car to Williams and to someone known as
"Little Donkey, " but she did not know "Little
Donkey's" real name. She said that Williams called
her later on that ...