Hall v. State
Hall v. State
Opinion of the Court
Following a bench trial, the court found Kasey Hall guilty of armed robbery.
1. “On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.”
Police quickly located a barefoot Hall and Apple at a nearby Kroger grocery store. Within 15 minutes of the crime, Rodriguez was brought to the store, where she positively identified the two as the perpetrators. After searching the area near the store, police found a handgun, red duct tape, and two pairs of shoes nearby. Several Hollywood Video DVDs were also seen in the area, but disappeared before police could collect them as evidence. Based on this evidence, Hall was found guilty.
On appeal, Hall challenges the sufficiency of the evidence supporting his conviction. Though his argument is not entirely clear, Hall seems to contend that the evidence was insufficient to establish that he was a participant in the armed robbery. Hall further argues that there was insufficient evidence for the factfinder to conclude that the offense was completed. We disagree. “An appellate court does not
Although Hall contends that there was insufficient evidence to establish that he participated in the armed robbery, the security camera recorded Hall near the safe with Apple standing beside him. Rodriguez testified that she could hear the beeps of the buttons on the safe being pressed while she was in the back of the store. Given this evidence, the factfinder was authorized to conclude that Hall was actually entering the code and thus was a participant in the armed robbery, rather than a mere bystander.
Hall also argues that there was insufficient evidence that the armed robbery was completed. “A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon.. . .”
Rodriguez testified that Hall approached her with DVDs in hand just before Apple held her at gunpoint. Hollywood Video DVDs were later seen near the Kroger store where police apprehended Hall and Apple. Police also found a handgun, a roll of red duct tape similar to the one used to restrain Rodriguez, and two pairs of shoes in the same area. This evidence is sufficient for a rational finder of fact to conclude that Hall and Apple took the DVDs from the store.
2. Hall, who was 16 at the time of the crime, further contends that he received ineffective assistance of trial counsel because his attorney did not petition to have the case transferred to juvenile court. An appellant claiming ineffective assistance of counsel must show both that counsel’s performance was deficient and that the deficiency
The trial court’s ruling that Hall’s counsel provided effective assistance was not clearly erroneous. Indeed, Hall was not entitled to have his case transferred to juvenile court, and thus his attorney could not have succeeded on such a petition. The superior court has original jurisdiction over individuals between 13 and 17 years of age who have been charged with any of seven offenses, including armed robbery committed with a firearm.
Judgment affirmed.
Hall was also charged with kidnapping and aggravated assault, but the court acquitted him of these charges.
(Punctuation omitted.) Martin v. State, 256 Ga. App. 527 (568 SE2d 754) (2002).
Apple entered a plea before trial.
Lewis v. State, 249 Ga. App. 812, 813 (1) (549 SE2d 732) (2001) (Lewis I).
See id.
See Overstreet v. State, 250 Ga. App. 336, 338 (1) (551 SE2d 748) (2001).
OCGA§ 16-8-41 (a).
Robbins v. State, 269 Ga. 500, 501 (1) (499 SE2d 323) (1998).
See Lewis v. State, 247 Ga. App. 808, 809-810 (1) (545 SE2d 381) (2001).
See Lewis I, supra at '815 (5).
See id.
See id.
See OCGA§ 15-11-28 (b) (2) (A).
See OCGA § 15-11-28 (b) (2) (B).
See OCGA § 16-8-41 (b).
See State v. Harper, 271 Ga. App. 761, 762-763 (2) (610 SE2d 699) (2005) (finding that armed robbery is not a transferable offense). Compare State v. Ware, 258 Ga. App. 564 (574 SE2d 632) (2002) (affirming the superior court’s transfer of a case involving a juvenile accused of an offense punishable only by ten to thirty years imprisonment to juvenile court).
See Owens v. State, 271 Ga. App. 365, 370 (5) (609 SE2d 670) (2005) (“Failure to make a meritless or futile objection or motion cannot be evidence of ineffective assistance.”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.