Cook v. State
314 Ga. App. 289
| Ga. Ct. App. | 2012Background
- Cook was tried by bench for hijacking a motor vehicle, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony.
- On July 17, 2002, Cook accompanied by two companions and driven by his father, was involved in a car-based robbery where a front-seat passenger shot the driver and fled with the vehicle.
- Cook did not intervene to aid his father after the shooting and later walked back to look at him before leaving; he offered no aid.
- The trial court convicted Cook on all charged offenses.
- Cook contested on appeal that he was merely present and not a conspirator, arguing the evidence was insufficient to support his convictions.
- The appellate court affirms, reviewing the evidence under Jackson v. Virginia and giving deference to the trial court’s factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Cook a party to the crimes or merely present? | Cook argues he was only present, not a conspirator. | State contends Cook was a party through presence, companionship, and conduct. | Yes, Cook was a party; sufficient evidence supported conviction. |
| Is value of money required to convict of armed robbery? | Value of money must be proven. | Armed robbery requires intent to steal; any amount suffices. | Value not required; theft can be proven without specific value. |
| Is there sufficient evidence for hijacking and aggravated assault as party to the crime? | Evidence insufficient to show Cook aided or abetted. | Cook’s conduct before/during/after supports party liability. | Sufficient evidence to uphold hijacking and aggravated assault convictions. |
| Is there sufficient evidence for possession of a firearm during the commission of a felony? | Cook did not possess the weapon; cannot be liable. | As a party to the crime, he can be convicted even without possessing the weapon. | Sufficient evidence to convict under party liability doctrine. |
Key Cases Cited
- Williams v. State, 236 Ga.App. 790, 513 S.E.2d 757 (1999) (Ga. App. 1999) (evidence credibility and party liability considerations)
- Norris v. State, 220 Ga.App. 87, 469 S.E.2d 214 (1996) (Ga. App. 1996) (credibility and evaluation of conflicting evidence)
- Engrisch v. State, 293 Ga.App. 810, 668 S.E.2d 319 (2008) (Ga. App. 2008) (sufficiency of evidence for armed robbery when defendant participates but claims coercion)
- Stone v. State, 257 Ga.App. 492, 571 S.E.2d 488 (2002) (Ga. App. 2002) (standard for weighing evidence and credibility on appeal)
- Howze v. State, 201 Ga.App. 96, 410 S.E.2d 323 (1991) (Ga. App. 1991) (presence and conduct before/after offense relevant to intent)