IN RE DOE
Jan 01, 2011OUTCOME: Overturned set aside and resentenced
Contempt
Cleveland, GA
Criminal defense Lawyer at Cleveland, GA
Practice Areas: Criminal Defense, Personal Injury ... +3 more
OUTCOME: Overturned set aside and resentenced
Contempt
OUTCOME: CONVICTION OVERTURNED AND RESENTENCED
DEFENDANT WITH EVIDENCE OF MENTAL ILLNESS, WAS CONVICTED OF ROBBING AN F.D.I.C. BANK WITH A TOY PISTOL. GEORGIA CRIMINAL LAW UP UNTIL THAT TIME WAS, IF A ROBBERY VICTIM THOUGHT THE WEAPON PRESENTED WAS ... A REAL WEAPON, CONVICTION ON ARMED ROBBERY WAS WARRANTED. IN OVERTURNING THE ARMED ROBBERY CONVICTION, THE COURT SAID A REAL WEAPON WAS "REQUIRED" TO CONSTITUTE THE CRIME OF "ARMED" ROBBERY. NO MATTER THE BELIEF OF THE VICTIM AS TO WHETHER THE WEAPON WAS REAL. CONVICTION WAS REVERSED. DEFENDANT WAS RESENTENCED AND SENTENCE WAS REDUCED FROM 20 YEARS TO MINIMUM 5 YEARS.