Hines v. State, 320 Ga. App. 854

Hines was convicted by jury of armed robbery, aggravated assault, concealing the identity of a motor vehicle, and two counts of contributing to the delinquency of a minor, and sought a new trial.
The evidence showed a plan to rob the Lucky store; Hines drove the car, her co-defendant Jupiter and Ricky Timmons carried guns inside the store and fled with cash and cigars.
Officers observed the Mercury Marquis; the car later fled the scene with its license plate missing and money scattered in the car.
Hines testified she had no knowledge of the robbery and offered a different version from her police statement, while corroborating evidence supported the State’s theory.
The jury found Hines guilty as a party to the armed robbery and the related offenses; the trial court denied her motions, leading to this appeal.
The court affirmed, addressing sufficiency of evidence, juror challenges, evidentiary objections, jury instructions, the Allen charge, and ineffective assistance arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict as party to armed robbery	Hines contends insufficient evidence to render her a party.	State claims substantial corroboration; accomplice testimony supported by other evidence.	Sufficient evidence supported party conviction.
Ruling on striking Juror Larson (POS T certification)	Larson was POS T certified; should have been struck.	Trial court acted within discretion; Georgia law allows non-swearing positions.	No abuse of discretion; affirmed.
Discharge of Juror Vuong for distraction	Juror Vuong should not have been replaced.	Court properly substituted due to distraction and impending travel.	No abuse of discretion; alternate juror seated.
Failure to charge knowledge as part of party to a crime	Knowledge element should have been charged.	Charge covered knowledge principles; plain error not shown.	No reversible error; charge adequate.
Allen charge and mistrial decisions	Allen charge coercive; mistrial should have been granted.	Charge within discretionary bounds; not coercive.	No abuse of discretion; no mistrial needed.
Ineffective assistance of counsel	Counsel failed to preserve or pursue certain objections.	No showing of prejudice; claims fail under Strickland.	No ineffective assistance established.

Jordan v. State, 281 Ga. App. 419 (2006) (party to a crime; corroboration of accomplice testimony)
Pippins v. State, 263 Ga. App. 453 (2003) (directed verdict standard; sufficiency review same as conviction review)
Buruca v. State, 278 Ga. App. 650 (2006) (presence, conduct; conspiracy inference)
James v. State, 316 Ga. App. 406 (2012) (accomplice corroboration; sufficiency standard)
Robinson v. State, 278 Ga. 836 (2005) (juror certification; outcome of strike for cause)
Sailor v. State, 265 Ga. App. 645 (2004) (admission of lay opinion; discretion of trial court)
Verga v. State, 287 Ga. 194 (2010) (charge must be read as a whole; plain error framework)