Powell v. State
310 Ga. App. 144
| Ga. Ct. App. | 2011Background
- Powell was convicted of robbery after a jury trial in Georgia.
- Davis and Pitts planned the robbery while Hulsey rode with Davis to Powell's house and waited in the car.
- The group drove to a Ramada Inn where Hulsey’s wallet with about $2,300 was left in a towel stack in the bathroom.
- Pitts struck Hulsey in the bathroom, took the wallet, and the group fled in a car with Powell, Marable, Freeman, and Pitts.
- The money was later divided among the group at Powell's house, and Hulsey’s charges were not resolved because money was not returned.
- Powell argued insufficiency of the evidence to prove he was a party to the robbery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Powell a party to the robbery? | Powell was present, discussed the plan, and entered the motel room. | Powell was merely present before the robbery and not a participant. | Yes; sufficient evidence shows party liability. |
Key Cases Cited
- Jones v. State, 302 Ga.App. 147, 690 S.E.2d 460 (2010) (standard for sufficiency review under Jackson v. Virginia)
- Green v. State, 298 Ga.App. 17, 679 S.E.2d 348 (2009) (aiding or abetting may support robbery conviction)
- Millender v. State, 286 Ga.App. 331, 648 S.E.2d 777 (2007) (conduct before/after crime relevant to liability)
- Cutkelvin v. State, 258 Ga.App. 691, 574 S.E.2d 883 (2002) (evidence of participation supports party liability)
- Barnett v. State, 244 Ga.App. 585, 536 S.E.2d 263 (2000) (presence and conduct as factors in accomplice liability)
- Parks v. State, 272 Ga. 353, 354, 529 S.E.2d 127 (2000) (factors to consider in determining party status)