MILLER, P. J., MCFADDEN, P. J. and RICKMAN, J.
Michael Robinson was tried by a jury along with two
co-defendants, Elmonte Surry and Xavius Bell,  and convicted on
six counts of armed robbery, one count of criminal attempt to
commit armed robbery, seven counts of possession of a firearm
during the commission of a crime, and two counts of hijacking
a motor vehicle. On appeal, Robinson contends, inter alia,
that there was insufficient evidence to support his
convictions beyond a reasonable doubt. For the following
reasons, we reverse.
On appeal from a criminal conviction, we view the evidence in
the light most favorable to support the jury's verdict,
and the defendant no longer enjoys a presumption of
innocence. We do not weigh the evidence or judge the
credibility of the witnesses, but determine only whether the
evidence authorized the jury to find the defendant guilty of
the crimes beyond a reasonable doubt 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).
(Citation and punctuation omitted.) Hall v. State,
335 Ga.App. 895 (783 S.E.2d 400) (2016).
viewed, the evidence showed that one Saturday night in
December 2012, the owner of a convenience store was at the
store playing cards with several of his friends. Three young
men came into the store and, after walking around, purchased
some snacks and left. Approximately ten minutes later, one of
the three men came back into the store, purchased a soda and
left again. Two of the men then came back into the store, but
this time one of them was armed with a handgun.
taller of the three men attempted to open the cash register
while the shorter gunman, whose face was obscured by a scarf,
demanded that the owner and his friends get on the floor. The
gunman forced the owner to help the taller man open the cash
register, and approximately $200 was taken from the register.
The gunman then ordered everyone to take off their pants. The
third man came into the store and altogether they stole
jewelry, cash, and cell phones from several of the victims,
including the owner. The gunman asked for the keys to two
vehicles that were parked outside.
the three men got the keys, they drove off in the two
separate vehicles. One of the victims had a gun with him and
gave the gun to another victim who fired at one of the
vehicles. That vehicle hit a telephone pole, and its
occupant(s) were picked up by the driver of the other stolen
sergeant with the Richmond County Sheriff's Office
testified that one of the victims was able to identify Surry
and Bell in a photo line-up as two of the perpetrators.
Additionally, Surry's fingerprints were found on a cigar
box recovered from one of the stolen vehicles. The sergeant
showed a photo line-up containing Robinson's photograph
to two of the victims, but neither were able to identify him.
Moreover, none of the seven victims who testified at trial
were able to identify Robinson as one of the perpetrators.
owner testified that after the robbery, a friend of his
informed him that he had seen the owner's jewelry in the
possession of a man named Carter. After speaking with his
friend, the owner called and told an investigator. The owner
testified that some of his missing jewelry was returned to
him. Carter testified that on the morning after the robbery,
he bought a couple of rings and a bracelet from Robinson
whose nickname was "Little James." Carter testified
that there were several other people "right there"
with Robinson when he purchased the jewelry. When Carter
found out that the jewelry belonged to the owner, he
testified that he "g[o]t rid of it;" but after
speaking with law enforcement he was able to arrange the
return of the jewelry to law enforcement. Carter was
convicted of theft by receiving stolen property as a result
of his involvement in this case.
investigator with the Richmond County Sheriff's Office
testified that there were initially four suspects in the
armed robbery: Bell, Surry, Robinson, and Carter. The
investigator eliminated Carter as a suspect because Carter
was not identified in a photo line-up,  and neither his
fingerprints nor his DNA were found at the crime scene or in
any of the stolen vehicles. The investigator admitted that
Robinson, too, was not identified in a photo line-up and his
fingerprints and DNA were not found at the crime scene or in
the stolen vehicles.
retired employee from the department of juvenile justice
testified that he had an appointment scheduled with Robinson
mid-morning on the day after the robbery. It was his only
appointment that Sunday. The employee testified that on the
morning of the appointment he received a missed phone call
and when he returned the call no one answered, but he
"got a voicemail that stated, this is [the owner of the
convenience store.]" The employee did not recall what
telephone number was associated with this phone call, and he
was unsure who had called him from this number. Thereafter,
the employee received a phone call from Robinson who stated
that he was on the way to the appointment. The employee did
not know what telephone number Robinson called from.
grand jury returned an indictment charging Robinson with six
counts of armed robbery,  one count of criminal attempt to commit
armed robbery,  seven counts of possession of a firearm
during the commission of a crime,  and two counts of hijacking
a motor vehicle. Robinson was convicted on all of the
charges. Robinson filed a timely motion for new trial which
was denied by the trial court. Robinson appeals from the
denial of his motion for new trial.
contends that the evidence was insufficient to support his
conviction beyond a reasonable doubt due to a lack of