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BRADFORD v. THE STATE (one case).
69096.
69097.
MCMURRAY, Presiding Judge.
Robbery. DeKalb Superior Court. Before Judge Tillman.
Defendant was convicted of robbery upon being tried by a jury on an indictment charging him with the offense of armed robbery committed on April 19, 1982. Following the denial of his motion for new trial he appeals pro se in Case No. 69097, while his appointed counsel appeals in Case No. 69096. Pretermitting any question which may arise because of the multiplicity of briefs and enumerations of error filed by or for the defendant, we consider all of the issues raised. Held:
1. In his only enumeration of error, pro se, the defendant objects to being convicted for the lesser-included offense of robbery when he was indicted for armed robbery. At trial, the State determined that the evidence was not sufficient to prove the defendant guilty of armed robbery and requested the court to go forward on the charge of robbery by intimidation. The court then charged the jury on the lesser-included offense of robbery by intimidation and later charged the jury on the lesser-included offense of robbery. Under these circumstances, the jury was authorized to find the defendant guilty of robbery on an indictment charging armed robbery without finding him guilty of armed robbery. See Jordan v. State, 239 Ga. 526, 527 (2) (238 SE2d 69); Wilcher v. State, 230 Ga. 294 (196 SE2d 864); Martin v. State, 170 Ga. App. 854 (318 SE2d 724).
2. The sole enumeration of error submitted by defendant's counsel raised the issue of the sufficiency of the evidence. The State's evidence shows that Velma Pillivant, the owner and operator of Twelve Seasons Flower Shop, opened her store for business about 9:00 a.m. on April 19, 1982. Mrs. Pillivant's teenage daughter, Kathy, and her employee, Marie Danford, were also working in the shop that day. A few minutes before 11:00 a.m., Kathy Pillivant noticed a black man wearing a green cap and blue jacket come into the store. No other customers were in the shop. The man handed her a note, which said, "You are being robbed. Don't be a hero, I have a gun and I want the money." She told the robber that she could not open the register and he then pointed toward her mother who was talking on the telephone. Mrs. Pillivant hung up the telephone and handed $169 in cash to the robber. He grabbed the money and ran out of the store. Mrs. Pillivant kept a gun beneath her cash register, which she grabbed, giving chase to the robber. She could not see him when she got outside, but fired two shots to try and scare him out.
In the meantime, David McDaniel, who managed a convenience store next door to the flower shop, noticed a car which had been parked in his parking lot for about ten or fifteen minutes. As he started out the door to find out why the car had been left in his parking lot, he heard two gun shots. About five seconds after the second shot, Mr. McDaniel saw a black person running through some shrubs toward the car he had previously noticed in the parking lot. The person jumped into the car and drove off.
We find a rational trier of fact reasonably could have found that the defendant was guilty beyond a reasonable doubt of the offense of robbery. Adkins v. State, 172 Ga. App. 724 (324 SE2d 573); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).
Robert E. Wilson, District Attorney, Barbara B. Conroy, Assistant District Attorney, for appellee.
Robert Joseph Bradford, pro se.
William T. Hankins III, for appellant.
DECIDED MARCH 12, 1985.
Thursday May 21 16:14 EDT


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