Denial of a directed verdict on an armed robbery charge under O. § 16-5-21(a)(2), that was not contained in armed robbery, O. 500, 629 S. 2d 485 (2006). McClain v. 750, 716 S. 2d 829 (2011). Armed robbery is a serious crime, and not just a misdemeanor, but a felony. Both of the defendant's codefendants testified as to the defendant's participation in the events in question, which was sufficient evidence to find the defendant guilty; furthermore, the codefendants' testimony was corroborated by that of the victims. There was no fatal variance between the indictment that alleged that the defendant committed armed robbery by use of a pellet pistol and evidence that showed that the weapon used was a BB gun.
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Kidnapping was completed when defendant seized the women and forcibly moved them from one location in the store to another, and then defendant committed the armed robbery; accordingly, convictions for both offenses did not amount to two punishments for the same conduct, nor was one offense included in the other as a matter of fact. Because theft by receiving stolen property is not a lesser included offense of armed robbery, a defendant charged with two counts of party to the crime of armed robbery was not entitled to a jury instruction on theft by receiving stolen property. 1998, p. 180, § 1, not codified by the General Assembly, provides: "The General Assembly declares and finds: (1) That the 'Sentence Reform Act of 1994, ' approved April 20, 1994 (Ga. 1959), provided that persons convicted of one of seven serious violent felonies shall serve minimum mandatory terms of imprisonment which shall not otherwise be suspended, stayed, probated, deferred, or withheld by the sentencing court; (2) That in State v. Allmond, 225 Ga. App. Owens v. State, 271 Ga. 365, 609 S. 2d 670 (2005). Since the admission of the victim's identification of the defendant was not improper, the defendant's challenge to the sufficiency of the evidence based on that identification failed and the jury was authorized, based on the identification and the existence of the defendant's fingerprints on the victim's van, to find that the defendant committed both armed robbery and aggravated assault. Defendant arrested and indicted within statute of limitation. Because the defendant was identified by the victim as the robber and none of the proffered testimony related to an immediate threat, it was highly unlikely that the defendant was misidentified; consequently, because the trial court properly excluded defendant's coercion defense, counsel was not ineffective for failing to raise that defense. There was sufficient evidence to find the defendant guilty of armed robbery beyond a reasonable doubt since the defendant admitted to being present while a third person accosted the victim and robbed the victim at gunpoint in a parking lot and further conceded that when instructed by that third person to pick up the money the victim had thrown down, the victim did so. Nor are they included offenses as a matter of fact where the two offenses are based on separate acts. Filix v. 580, 591 S. 2d 468 (2003).
Prins v. 585, 539 S. 2d 236 (2000), overruled on other grounds, Miller v. 285, 676 S. 2d 173 (2009). Court's reliance for sentencing purposes upon out-of-state conviction challenged as an involuntary, unwitting guilty plea was reversible error when imposing life sentence. Evidence that the defendant, who did not "directly commit" the offense and was not present at the crime, accepted stolen coins and attempted to hide the robbery participants was constitutionally insufficient to support defendant's conviction for armed robbery. Hester v. 441, 696 S. 2d 427 (2010) in indictment charging felony murder. § 16-11-106(b)(2), because evidence was seen in one of the defendant's vehicles during a traffic stop, defendants were identified from the videotape of the stop, and the shotgun used by the assailant in the home invasion was found in one of the defendant's homes. Andrew treated us like we were the only clients he had and returned all calls and emails promptly!!
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§ 16-8-41, where there were positive identifications from three robbery victims as well as bystander witnesses, defendant's clothing and gun matched the description of the robber, defendant was seen standing near the robbery getaway car, and the results of defendant's polygraph test supported the finding of guilt. Cruz v. 805, 700 S. 2d 631 (2010). Trial court erred in denying a codefendant's motion to sever the trial from the defendant's trial because the codefendant was not allowed to introduce the exculpatory portions of the statements that explained the excerpted admissions introduced by the state, which supported the codefendant's antagonistic defense that the codefendant was present at the robberies due to coercion by the defendant. Given the overwhelming evidence of the defendant's guilt, the effectiveness of trial counsel, and the absence of reversible error in excepting the lead detective from sequestration, instructing the jury, admitting similar transaction evidence, and admitting the defendant's custodial statement, the defendant's armed robbery and possession of a firearm convictions were upheld on appeal.
Sypho v. State, 175 Ga. 833, 334 S. 2d 878 (1985) property from under one's personal protection suffices. Lindsey v. 808, 743 S. 2d 481 (2013). Trial court did not err in sentencing the defendant separately on the separate conviction for terroristic threats and armed robbery since the evidence was sufficient to show the robbery was complete, when the money from the cash register was in the defendant's possession before the defendant made the alleged threat to the victim that the defendant would kill the victim if the victim moved. When circumstantial evidence failed to establish whether the defendant first took property and then killed the victim and ransacked the house, or first killed the victim and then took the property and ransacked the house, the evidence was insufficient to meet the standard of former O. § 16-8-41 for purposes of O. Record showed that the two armed robbery victims were in reasonable apprehension that there was a gun; thus, satisfying the statutory element of apprehension concerning a weapon. Due to the seriousness of this type of charge and its ramifications on your future, it is imperative that you contact an experienced Atlanta criminal defense attorney now to help protect your rights and improve your chance of a more positive outcome for your case. Evidence of offensive weapon. Aggravated assault conviction did not merge with armed robbery offenses for sentencing purposes because each crime required proof of an additional fact as the robbery required proof that the defendant took the property of another, which was not required to prove aggravated assault, and assault required proof that the victim was placed in reasonable fear of immediately receiving a violent injury, which armed robbery did not require.
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Defendant was not entitled to an out-of-time appeal based on the defendant's guilty plea to armed robbery and other crimes; the state proffered a detailed factual basis for the armed robbery count, including the defendant's confession that the defendant and the defendant's accomplice planned to steal the victim's car; forced their way into the victim's apartment, with the defendant carrying a pistol; took the victim's car keys from the victim's apartment; and drove away in the victim's car. Mr. Schwartz is a trustworthy lawyer. As to sentences for armed robbery imposed after July 1, 1976 for less than five years, see 1977 Op. Stun gun can constitute an offensive weapon authorizing an armed robbery conviction under O. There was no merit to a defendant's argument that a guilty verdict on an aggravated assault charge as to one of the victims was inconsistent with a not guilty verdict on an armed robbery charge as to that victim. 1215, 127 S. 1266, 167 L. 2d 91 (2007). Under the plain words of the statute, it is not necessary to prove the offensive weapon involved was in fact a gun. Howard v. 164, 410 S. 2d 782 (1991).
Upon the defendant's challenge to two armed robbery convictions, despite the fact that it was not explicitly stated in the indictment that the defendant intended to commit a theft, such intent was necessarily inferred from the allegation of the use of an offensive weapon to accomplish a taking. Gibson v. 377, 659 S. 2d 372 (2008). There was sufficient evidence to convict defendant of armed robbery where police stopped vehicle that matched description of vehicle given by victim that victim saw robber leave in, defendant was only occupant of the car wearing a sweat shirt as described by victim and victim's purse and gun were found in the car. § 16-7-85(a), and armed robbery, O. 749, 637 S. 2d 128 (2006). Trial court did not err in failing to merge aggravated battery and armed robbery convictions.
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405, 172 L. 2d 287 (2008). § 16-11-106, and possession of a firearm by a first offender probationer under O. State, 213 Ga. 146, 444 S. 2d 103 (1994). Belcher v. 645, 697 S. 2d 300 (2010). Evidence was sufficient to convict a defendant of armed robbery since the testimony of a 14-year-old accomplice was corroborated by testimony from a clerk in the store that was robbed by the defendant and others, and the state presented physical evidence - clothing worn by the robbers - that linked the defendant to the robbery. S09C0426, 2009 Ga. LEXIS 188 (Ga. 2009). Defendant's conviction for aggravated assault should have merged with the conviction for criminal attempt to commit armed robbery because those acts were predicated upon the same act, the defendant's use of a handgun to overpower and intimidate the victim for the purpose of attempting to rob the victim of the victim's belongings. § 16-5-21, and possession of a firearm during the commission of a felony, O. The evidence, including testimony from the victim and an accomplice witness, indicated that the defendant and a third accomplice put a gun to the victim's head and demanded that the victim give the perpetrators the victim's money and that the perpetrators, while carrying a gun, accompanied the victim to a check-cashing store and to automatic teller machines so that the victim could get money. Webb v. 2d 204 (1988). Immediate presence sufficient.
Norman v. 721, 716 S. 2d 805 (2011). See Walker v. 446, 388 S. 2d 44 (1989); Jackson v. 273, 543 S. 2d 770 (2000). There was not a separate aggravated assault before the robbery began; thus, there having been no additional violence used against the victim, it followed that the evidentiary basis for the aggravated assault conviction was "used up" in proving the armed robbery. Bakyayita v. 624, 629 S. 2d 539 (2006). Armed Robbery; Robbery by Intimidation; Taking Controlled Substance From Pharmacy in Course of Committing Offense. If any part of the identification process can be suppressed or if the rights of the accused were violated in any way, then the evidence can be thrown out! Case was remanded for resentencing where trial court had imposed a sentence of imprisonment for at least 10 years, although neither of the two statutory aggravating factors were present. Trial court did not err in denying the defendant's motion for directed verdict after the defendant was convicted of armed robbery because there was no violation of former O. Bryson v. 512, 729 S. 2d 631 (2012). Trial court did not abuse the court's discretion by denying the respective motions to sever filed by two of three defendants convicted of armed robbery as antagonism between the defendants was not enough to require a severance and the defendants failed to demonstrate how the defendants were harmed by the failure to sever. § 16-5-21(a) included an assault upon the victim, an intent to rob, and the use of a deadly weapon. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
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Anderson v. 428, 594 S. 2d 669 (2004). Armed robbery is not a lesser included offense of malice murder. Bonner v. 539, 794 S. 2d 186 (2016). Roberts v. 730, 627 S. 2d 446 (2006).
Trial court erroneously admitted an officer's testimony regarding a statement made by one of the victims who died of natural causes prior to trial as the admission violated the defendant's right to confrontation; moreover, because there was no other evidence to support this armed robbery count, the defendant could not be retried for it. 187, 676 S. 2d 843 (2009). Smith v. State, 261 Ga. 25, 581 S. 2d 673 (2003). § 16-8-41 but two employees of a restaurant testified that the defendant pointed a gun at the employees while the defendant removed the contents of the cash register, this evidence was sufficient to enable a rational trier of fact to find the defendant guilty of armed robbery beyond a reasonable doubt. Branchfield v. 869, 700 S. 2d 576 (2010).
Superior court exceeded the court's authority in transferring the prosecution of two juveniles to juvenile court after the state elected to pursue the cases in superior court as O. When an individual uses a weapon in conjunction with a robbery - whether or not it is used - law enforcement officials, prosecutors and judges may immediately assume that the individual intended to use that weapon. Williamson v. State, 308 Ga. 473, 708 S. 2d 57 (2011). My firm is dedicated to defending those whose freedom is in jeopardy due to criminal charges of any kind. § 16-8-41(a); therefore, the superior court lacked authority under O. Buice v. 415, 657 S. 2d 326 (2008). Variance between indictment and charge.
2/0 gauge battery cable. Note: The shipping estimate calculates for one of these products. WARNING - IF THE POSITIVE BATTERY WIRE IS NOT UPGRADED, YOUR NEW HIGH AMP ALTERNATOR WILL NOT FUNCTION CORRECTLY!!! Nope, still hooked up properly. Manufacturer Custom Battery Cables. Attach the positive cable to the battery. Grade 5 Hardware Kit for all grounds.
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Each battery cable set comes complete with the necessary components for installation including military style battery terminals, terminal covers, and wire loom for added protection. 2005 Ford Excursion with 6. 0 Powerstroke batteries at the same time. Military terminal upgrade. Engine RPM when cranking was barely above 150, and the starter sounded like it was struggling. Year make model part type or part number or question. A worn or stretched alternator belt that is working fine on your stock alternator will slip on a high amp alternator and cause a no charge or low output condition due to excessive torque created by the new high amp alternator. 3 Powerstroke truck, look no further than the XDP XD428 HD Battery Cable Set. 0L V8 POSITIVE BATTERY CABLE FOR MODELS BUILT BETWEEN 7/19/04-12/18-06 5C3Z-14300-CA.
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For that reason, in some cases a shorter than stock belt is needed. No modifications to the stock bracket or pulley system needed. The battery cable for your Ford F-Series connects power from the battery to the starter and the vehicle's electrical system. This kit is only designed to work on trucks with a 54" driver side negative cable. Anyway, just this one change was very significant in improving starting ability. 6.0 powerstroke battery cable upgrade kit. High output 170 Amp Alternator for the 6. Includes a complete complement of hardware for a smooth installation. This cable runs from battery to battery and to the starter motor and solenoid.
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I installed the onboard charger because I do a lot of starting without enough driving time between to fully charge the batteries. Combined, this reduces the effectiveness of the driver's side battery when starting the engine. RIFFRAFF DIESEL PERFORMANCE. CUMMINS/MOPAR PARTS. Part Number||04357|. 6.0 powerstroke battery cable upgrade. OIL FILTRATION & CAPS. Enter your shipping information below to receive a shipping estimate. Old or damaged battery cables that underperform can cause many problems in your truck such as hard-start and no-start conditions. MONITOR YOUR EGTS SPECIFICALLY. I believe this will be a big benefit as the OEM crossover is quite small maybe 4 gauge, didn't measure it. 0L POWERSTROKE (2003-2007). 1/0 fine strand battery cable to replace the crossover to the drivers battery, heavy duty terminals, military terminals, marine grade adhesive shrink wrap, solder, MAP gas torch, cutters, hydraulic crimper, electrical tape, wire loom, and some other odds n ends.
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IMPORTANT NOTE: Depending on the starter on your truck, you may have a 90 degree lug or a straight lug style. Heck, it could even help people who aren't having any I apologize in advance for this long post about two upgrades which have made a dramatic difference on my truck. Second, if you decide to go this route, even with smaller cable, you will find that the lug may not fit on the starter. 4L Powerstroke when you install the XDP HD Replacement Battery Cable Set XD429. Features: - Direct-Fit 2/0 Gauge Cables. Battery Terminal Components. This cable is used for single alternator trucks. More products by East Penn / Deka.
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This sticker must be displayed in a visible location in the vehicle's engine bay for smog inspections. I highly recommend making these changes if you can. Heavy-Duty Wire Loom. Something I didn't think about or anticipate, though, was the effect those new terminals would have on my charging ability. Deka 2/0 Gauge Ford Diesel Battery Cable, Dual Battery 116" | Remy Battery. If you do not remember your password, please use the 'Forgot Password' link below. A couple months later my starter went out and I replaced it with a cheapie from O'Reilly's w/lifetime warranty (got the lifetime knowing full well they go out a lot) and it worked same as the previous faster, no slower. Adhesive Lined Heat Shrink used to dress loom to cables. Description: The XDP HD Replacement Battery Cable Set XD432 will help you get the most out of the charging and starting system in your 2003-2007 Ford 6. • Direct-fit design - no modification necessary.
Sounded, and started, so much it still sounded a little labored. Alternators do not charge dead batteries and batteries must be fully charged with a battery charger before installation. 2007 Ford F350 with 6. USE 10W30 SYNTHETIC. • Durable wire looming.