Copeland v. State, 325 Ga. App. 668

Copeland was convicted by jury of robbery by sudden snatching and simple battery; motion for new trial denied; he appeals on three enumerations.
The incidents occurred January 20, 2010 at the Austin Avenue Baptist Church in Marietta; four witnesses observed the encounter and pursuit.
A purse was snatched from Bettie Renfro; her husband Dewey Renfro pursued the thief; officer Gowerek later identified Copeland and brought him to the church.
Pre-trial identification was referenced at a suppression hearing; the officer testified to the identification.
The State sought a jury instruction on theft by taking as a lesser included offense; the defense urged the charge.
The trial court considered Copeland’s motion for a new trial; the court issued an order indicating it weighed the record and law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was suppression correctly denied despite hearsay at the hearing?	Copeland	Copeland	Affirmed; hearsay allowed at suppression hearing, no error
Should the jury have been charged on theft by taking as a lesser included offense?	Copeland	Copeland	No error; robbery by sudden snatching supported; theft by taking lesser offense not required
Did the trial court properly exercise its discretion as the thirteenth juror on the new trial motion?	Copeland	Copeland	Affirmed; court exercised discretion; no reversal

Hinton v. State, 321 Ga. App. 445 (2013) (suppressions review standard and de novo law application)
McDaniel v. State, 263 Ga. App. 625 (2003) (hearsay admissible at suppression hearings)
Hunter v. State, 261 Ga. App. 276 (2003) (lesser included offense charge when issue lacks evidence)
Brown v. State, 309 Ga. App. 511 (2011) (force implicit in robbery by sudden snatching)
Bettis v. State, 285 Ga. App. 643 (2007) (robbery vs theft by taking elements and immediacy of victim's awareness)
Lupoe v. State, 284 Ga. 576 (2008) (required evidence test for lesser included offenses)
Ricketts v. Williams, 240 Ga. 148 (1977) (thirteenth juror duty in new trial motions)
Kendrick v. Kendrick, 218 Ga. 460 (1962) (affirmative duty to exercise discretion on new trial motions)
Moore v. Stewart, 315 Ga. App. 388 (2012) (presumption of proper exercising of discretion in overruling motion)
Rutland v. State, 296 Ga. App. 471 (2009) (thirteenth juror and new trial considerations)
Drinkard v. Walker, 281 Ga. 211 (2006) (required evidence test for lesser included offenses)
Stuart v. State, 318 Ga. App. 839 (2012) (application of required evidence test for lesser included offenses)