Bellamy v. State, 324 Ga. App. 319

After trial, Bellamy was convicted of robbery and simple battery and appeals the denial of a requested theft-by-taking instruction as a lesser offense to robbery.
Abdul-Hakeem admitted facts establishing robbery; Bellamy admitted to being a party to that crime.
State proof showed Miller was cornered, forced from a vehicle, assaulted, and robbed of his wallet and money, leaving him injured.
Bellamy and Abdul-Hakeem offered a different version but still described a robbery scene with both taking part and Miller injured.
The trial court instructed on robbery by use of force and denied the theft-by-taking instruction; the issue is whether that denial was error.
The court affirmed, holding that where the greater offense is uncontradicted or admitted, there is no need to charge on a lesser included offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court properly denied theft by taking as a lesser offense to robbery.	Bellamy argues error in not instructing theft by taking.	State/Abdul-Hakeem argues evidence showed completion of the greater offense; no lesser instruction needed.	No error; instruction was not required.

Edwards v. State, 264 Ga. 131 (1994) (emphasizes admissions supporting greater offense negate lesser offense charge)
Sims v. State, 197 Ga. App. 214 (1990) (no lesser offense instruction when defendant admits to elements of greater offense)
Hambrick v. State, 174 Ga. App. 444 (1985) (no lesser charge when defendant did not dispute use of weapon but challenged weapon status)
Jenkins v. State, 270 Ga. 607 (1999) (admissions showing completion of greater offense support denial of lesser offense charge)
Miller v. State, 259 Ga. App. 244 (2003) (noting no evidence defendant guilty only of lesser offense when greater offense shown)