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   State Courts - Georgia - January 9, 2006

  
Brown v. State, A05A2230., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Where the robber's unique shirt was recorded by a convenience store security camera, defendant's girlfriend identified it as defendant's shirt, and defendant could not say exactly where he was that evening, the evidence was legally sufficient to sustain his convictions for armed robbery and possession of a firearm during commission of a felony.

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Cotton v. Surrency, A05A1679., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Enoch v. State, A05A2166., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Defendant could not claim that evidence was insufficient to support conviction for sale of cocaine in violation of O.C.G.A. § 16-13-30 because he could not argue that he acted as informant when he had no reason to believe that the buyers were law enforcement officers and he knowingly gave the buyers cocaine with the intent to obtain remuneration.

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Floyd v. State, A05A2214., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Trial court did not commit reversible error in giving a jury charge on the defense of property, then concluding that the charge on defense of property should not have been given and in giving a corrective recharge, as the corrective charge read as a whole was proper and it was defendant's counsel who had advocated giving the inapplicable charge.

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Hardeman v. State, A05A2351., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Since the evidence showed that defendant fired a gun in the victim's direction from within a vehicle, thereby frightening her, it was sufficient to sustain his conviction for committing aggravated assault as defined by O.C.G.A. § 16-5-21(a)(3). The result was not changed by the fact that defendant was acquitted under § 16-5-21(a)(2).

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Hodges v. State, A05A2274., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: As the circumstantial evidence failed to establish a connection between defendant and the cocaine other than the fact that it was hidden in a package on the floor behind the diver's seat in a car in which he was riding, his conviction for possession in violation of O.C.G.A. § 16-13-31 was reversed.

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Jennings v. State, A05A1866., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Since the victim, who had been with defendant for several hours and showed signs of a sexual assault, immediately picked the photograph of defendant from a six photo lineup and identified him in court, and defendant had hid from the police, there was sufficient evidence to convict defendant of rape.

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Jones v. State, A06A0407., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion to sever, as the overall criminal conduct for which defendant and his co-defendant were accused involved the same general place of occurrence, the same general conduct, and the same undercover officers, and since no prejudice was shown, a joint trial was warranted.

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Parker v. State, A05A1608., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Sufficient evidence supported defendant's conviction for trafficking in cocaine where, after defendant was taken to a police station for providing false identification, when returning to the patrol car in which defendant was taken to the station, an officer found a bag containing cocaine protruding from the back seat of the car.

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Patel v. Sanders, A05A1507., COURT OF APPEALS OF GEORGIA, January 9, 2006, Decided
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Overview: Since the injured persons' agent did not serve the driver or owner of the car which was involved in the accident, but rather served the owner's ex-husband at his place of employment, the suit was properly dismissed as only service by publication was subsequently used and the statute of limitations had run.

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