Moore v. the State
340 Ga. App. 151
| Ga. Ct. App. | 2017Background
- Vincent Tyrone Moore ambushed employee A.J. leaving a restaurant, displayed what appeared to be a gun, pushed her back inside, ordered her to lie on the floor, and later took cash from the register and the manager’s wallet.
- Another employee, T.R., witnessed the initial encounter, ran to warn the manager, activated the silent alarm, and hid in the back; she did not testify at trial but other employees recounted her actions.
- Police responded to the silent alarm within minutes; officers chased and arrested Moore nearby, recovering the manager’s wallet and the cash taken from the register on or near Moore.
- Moore admitted post-Miranda that he robbed the restaurant at the behest of a gang; the asserted gun was later shown to be not real.
- Moore was convicted of obstruction with violence, two counts of armed robbery (Counts 2 and 3), five counts of false imprisonment, and one count of simple battery. He appealed the denial of his motion for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two armed-robbery convictions and sentences may stand where one victim was deprived of multiple items in a single transaction | Moore: only one robbery occurred because the manager was the single victim of a single transaction | State: initially prosecuted both robberies; court and State later conceded error on appeal | Court: Only one robbery occurred; vacated Count 3 conviction/sentence and directed trial court to strike Count 3 sentence |
| Whether evidence was sufficient to support false-imprisonment conviction as to employee T.R. | Moore: insufficient evidence because he was unaware of T.R.’s presence and she was not directly confined | State: testimony about T.R.’s observation, retreat, alarm activation, and hiding is sufficient to allow jury to find detention/confines | Court: Evidence sufficient; jury rationally could find T.R. was detained/placed in fear and thus falsely imprisoned |
Key Cases Cited
- Randolph v. State, 246 Ga. App. 141 (holding single victim robbed of multiple items in one transaction yields one robbery)
- Jones v. State, 279 Ga. 854 (same principle that one victim robbed of multiple items in single transaction is one robbery)
- Bland v. State, 264 Ga. 610 (same rule limiting multiple robbery convictions from single transaction)
- Creecy v. State, 235 Ga. 542 (same rule on single-transaction robbery)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review: evidence viewed in light most favorable to verdict)
- Otuwa v. State, 319 Ga. App. 339 (appellate standard for sufficiency review in Georgia)
- Pierce v. State, 301 Ga. App. 167 (false-imprisonment elements: arrest, confinement, or detention; brief detention sufficient)
- Kiser v. State, 327 Ga. App. 17 (evidence sufficient where defendant guarded an exit and victim escaped through window)
- Benbow v. State, 288 Ga. 192 (reversed false-imprisonment convictions where no evidence defendant confined victims)
- Ward v. State, 304 Ga. App. 517 (reversed false-imprisonment conviction where no evidence of confinement in hiding place)