Short v. State
Decision Date | 05 October 1998 |
Docket Number | No. A98A2013.,A98A2013. |
Citation | 234 Ga. App. 633,507 S.E.2d 514 |
Parties | SHORT v. The STATE. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Theodore Johnson, Atlanta, for appellant.
Robert E. Keller, District Attorney, Adrian Britt, Assistant District Attorney, for appellee. BLACKBURN, Judge.
Brian David Short appeals his conviction by a jury of armed robbery. Through several enumerations of error, Short contends that the evidence was insufficient to support his conviction and that his trial counsel was ineffective. For the reasons set forth below, we affirm Short's conviction.
1. (Punctuation omitted.) Jester v. State, 229 Ga.App. 490, 493(3), 494 S.E.2d 284 (1997).
So viewing the evidence, it reveals that Kamari Thomas testified that he, John Kirkland, Mike Kirkland, and Short discussed the best place to commit a robbery. The conspirators decided to rob the Pit Stop convenience store with a gun Short had previously provided. John Kirkland and Thomas committed the robbery while Mike Kirkland and Short waited at the Kirkland residence. The money obtained during the robbery was divided four ways, among Short, Thomas, John Kirkland, and Mike Kirkland.
Short, on the other hand, testified that he was at the Kirkland residence when Thomas said that he was going to go rob the store down the street. Thomas put on all black clothes and left with John Kirkland. Short admitted that he was present when Thomas and John Kirkland returned, but he denied receiving any of the proceeds from the robbery.
Short's testimony conflicted with the taped and written statements he had given the police during their investigation. In a taped interview with the police, Short denied any knowledge of the robbery other than what he had heard from a neighbor. He also told the police that he had never held a gun except his uncle's shotgun. After giving his taped statement, Short left the police station, but returned later the same day. At that time, he gave a written statement in which he admitted knowledge of the robbery including specific details, but denied any involvement in the robbery. Short stated that Thomas had told him early on the day of the robbery that he was going to rob the convenience store.
(a) OCGA § 16-2-20(a), (b)(3) and (4). Shehee v. State, 167 Ga.App. 542, 543, 307 S.E.2d 54 (1983).
Applying this rule to the facts in the instant case, the jury was authorized to find that Short helped plan the armed robbery and shared in the proceeds thereof. Further, Short provided the gun which was used to commit the armed robbery. "Thus, by helping [Thomas] plan the [armed robbery] and providing him with a gun for that purpose, [Short] was a party to the crime of armed robbery and the evidence was sufficient to support a conviction of that offense." Shehee, supra at 543, 307 S.E.2d 54.
(b) Short also argues that there was insufficient evidence corroborating the testimony of Thomas, a co-indictee. ...
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