Oliver v. State

20 Citing cases

  1. Fluellen v. State

    644 S.E.2d 486 (Ga. Ct. App. 2007)   Cited 5 times

    Compare Gatlin v. State, 199 Ga. App. 500 ( 405 SE2d 118) (1991) (gun not mentioned or revealed by defendant until after money was taken). The dissent relies on the following statement in Oliver v. State, 232 Ga. App. 816 ( 503 SE2d 28) (1998), to support its position that insufficient evidence of use was presented: "The element of `use' is present when the victim is aware of the weapon and it has the desired forceful effect of assisting to accomplish the robbery." (Citation and footnote omitted.)

  2. Felix v. State

    271 Ga. 534 (Ga. 1999)   Cited 171 times
    Noting that the APA "was passed to simplify the procedure for bringing a case to the appellate court, and to secure speedy and uniform justice in a uniform and well-ordered manner; not to set traps and pitfalls by way of technicalities for unwary litigants" (cleaned up)

    ( Carver v. State, 208 Ga. App. 405(1) ( 430 S.E.2d 790) (1993)). See also Oliver v. State, 232 Ga. App. 816(2) ( 503 S.E.2d 28) (1998), and Sanders v. State, 212 Ga. App. 832 ( 442 S.E.2d 923) (1994) (where all the issues raised in one enumeration were addressed without explanation). In the vast majority of cases, however, the Court of Appeals has decided to address only a single assertion which it selects from the enumeration found to be multifarious.

  3. Stringer v. State

    285 Ga. 842 (Ga. 2009)   Cited 20 times

    This discovery of an outstanding detention order attenuated the connection between the allegedly illegal detention and Stringer's subsequent inculpatory statement. See Oliver v. State, 232 Ga. App. 816, 821 (3) (a) ( 503 SE2d 28) (1998). Accordingly, we hold that, "[u]nder the circumstances, the trial court was authorized to find that the confession was voluntary and was not the product of an illegal detention.

  4. Attaway v. State

    332 Ga. App. 375 (Ga. Ct. App. 2015)   Cited 5 times

    (Punctuation and footnotes omitted.) Oliver v. State, 232 Ga.App. 816, 817(1), 503 S.E.2d 28 (1998). Accord McKissic v. State, 178 Ga.App. 23, 23โ€“24(1), 341 S.E.2d 903 (1986).

  5. Jackson v. State

    309 Ga. App. 24 (Ga. Ct. App. 2011)   Cited 16 times
    Holding that the absence of language proscribing โ€œretainingโ€ a vehicle after obtaining it, was the legislature's considered choice that retaining the vehicle was not an element of the crime of hijacking

    The gun, the evidence showed, was used only after Jackson had attained possession of the vehicle.Oliver v. State, 232 Ga. App. 816, 817 (1) ( 503 SE2d 28) (1998) (punctuation and footnote omitted). Accord Miles, supra at 234-235 (1) (b) (reversing armed robbery conviction because evidence failed to establish whether an offensive weapon was used before or contemporaneously with the taking); Hicks v. State, 232 Ga. 393, 403 ( 207 SE2d 30) (1974) (reversing armed robbery conviction because evidence showed that the theft occurred before victim became aware that her attacker had a gun).

  6. Taylor v. State

    696 S.E.2d 686 (Ga. Ct. App. 2010)   Cited 9 times

    (Citations and punctuation omitted; emphasis supplied.) Lucky, supra, 286 Ga. at 482 (2); see also Oliver v. State, 232 Ga. App. 816, 817-818 (1) ( 503 SE2d 28) (1998). The term "offensive weapon," for purposes of armed robbery,

  7. Sheely v. State

    287 Ga. App. 92 (Ga. Ct. App. 2007)   Cited 7 times
    Finding use of offensive weapon element met where "the victim is aware of the weapon and it has the desired forceful effect of assisting to accomplish the robbery"

    Id. at 403. See Oliver v. State, 232 Ga. App. 816, 818 (1) ( 503 SE2d 28) (1998) (distinguishing Hicks, this Court affirmed an armed robbery conviction where evidence showed that the theft was completed after victim saw that defendant was holding a knife). Sheely further complains that her confession to police was not corroborated as required by OCGA ยง 24-3-53 and was therefore insufficient to support her convictions.

  8. Tyler v. State

    279 Ga. App. 809 (Ga. Ct. App. 2006)   Cited 9 times
    In Tyler, we approved of a special condition of probation stating that the defendant "shall not initiate contact with nor continue uninitiated contact with a child under the age of 18."

    Jackson v. State, 213 Ga. App. 170, 171-172 (2) (b) ( 444 SE2d 126) (1994). See also Wright v. State, 259 Ga. App. 74, 77 (2) ( 576 SE2d 64) (2003) ("[W]hen the evidence shows completion only of the greater offense, it is unnecessary for the trial court to charge on the lesser offense.") (footnote omitted); Oliver v. State, 232 Ga. App. 816, 819 (2) ( 503 SE2d 28) (1998) (defendant convicted of armed robbery not entitled to charge on alleged lesser included offense of theft by taking when there was "no evidentiary alternative" to the charged offense; "either he did [it] or he did not"). "A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person."

  9. Pritchett v. State

    594 S.E.2d 377 (Ga. Ct. App. 2004)   Cited 1 times

    Carter v. State, 257 Ga. App. 620, 622(1) ( 571 S.E.2d 831) (2002).Oliver v. State, 232 Ga. App. 816, 817(1) ( 503 S.E.2d 28) (1998). Both the restaurant manager and cashier saw Pritchett pull out the gun and lay it on the counter.

  10. State v. Cooper

    260 Ga. App. 333 (Ga. Ct. App. 2003)   Cited 20 times
    Holding that search became lawful as a search incident to arrest despite officer's initial decision to perform an illegal search before discovering the outstanding warrants that led to arrest

    201 Ga. App. 792, 794-795(2)(a) ( 412 S.E.2d 850) (1991). 232 Ga. App. 816, 821(3)(a) ( 503 S.E.2d 28) (1998). In Ruffin, a police officer stopped Ruffin because he was loitering near a crack house.