Avila v. State, 322 Ga. App. 225

Orlin Avila was convicted by Forsyth County jury of burglary, three counts of armed robbery, and four counts of aggravated assault.
The trial court sentenced Avila to eight 20-year terms, to run concurrently.
The sole appellate issue concerns the sufficiency of the evidence for Count 3 (armed robbery).
The State presented co-defendants Bonilla and Delossantos who testified against Avila and confessed to planning and committing the robbery.
Police later recovered stolen property from a car matching the suspects’ description, corroborating the robbery allegations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence showed armed robbery of Moto	State argues property was taken from Moto’s immediate presence	Avila argues no evidence that items in Count 3 belonged to Moto	Yes; sufficient evidence under immediate presence theory

Felder v. State, 270 Ga. 641 (1999) (definition of immediate presence; scope for armed robbery)
Wilson v. State, 291 Ga. App. 69 (2008) (immediate presence extends beyond victim’s person)
Young v. State, 290 Ga. 392 (2012) (robbery convictions upheld when items taken from immediate presence)
Booker v. State, 242 Ga. App. 80 (2000) (proof need not match exact owner of every item)
Ham v. State, 303 Ga. App. 232 (2010) (armed robbery where property taken during forcible detention)
Ward v. State, 304 Ga. App. 517 (2010) (ownership of items not crucial to armed robbery conviction)
Liger v. State, 318 Ga. App. 373 (2012) (standard for reviewing sufficiency of evidence)