Rainly v. State, 307 Ga. App. 467

Three defendants (Rainly, Everette, Robinson) were charged in connection with a December 18, 2007 armed robbery at a video store.
Peterson pleaded guilty to multiple counts related to the same incident and testified at trial, detailing the robbery and his role.
Evidence showed the gunman brandished a weapon and helped rob the store; stolen video game systems and a Glock handgun were recovered.
Police officers linked Everette to the crime scene via a prior robbery card and items recovered at her apartment and car.
The trial court granted new trials for kidnapping convictions but affirmed the other convictions; Everette’s theft-by-receiving stolen property conviction was later reversed for insufficiency.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of aggravated assault as party	Rainly argues insufficient evidence of gunpoint or immediate apprehension.	Rainly asserts no direct or indirect proof of firearm use by him.	Evidence supported aggravated assault as a party.
Admission of prior robbery evidence	Prosecutor’s references to the December 12 robbery were proper to show context.	Evidence was inflammatory, irrelevant, and required procedures for similar transaction evidence.	Admission proper; not reversible error; harmless in light of strong evidence.
Effectiveness of counsel on in limine regarding prior robbery	Rainly contends counsel failed to exclude prior-robbery evidence.	Defense counsel insufficient for failure to object.	No prevailing claim; no showing of prejudicial impact.
Everette’s theft by receiving stolen property conviction	Evidence showed ownership of the gun and knowledge it was stolen.	Insufficient knowledge to prove receiving stolen property.	Reversed for lack of proof of knowledge.
Lesser-included offenses for Robinson	Robinson sought charges for robbery or conspiracy to rob as lesser offenses.	Evidence could support lesser offenses.	Court did not err; no need to instruct on lesser offenses given complete armed-robbery proof.

Willingham v. State, 281 Ga. 577 (Ga. 2007) (proof of intent and deadly weapon sufficiency for aggravated assault)
Lucky v. State, 286 Ga. 478 (Ga. 2010) (circumstantial evidence and admissibility principles for accomplice liability)
Martin v. State, 300 Ga. App. 39 (Ga. App. 2009) (knowledge in theft by receiving may be inferred from circumstances)
Edwards v. State, 264 Ga. 131 (Ga. 1994) (evidence of weapon use and its role in robbery offenses)
Smith v. State, 284 Ga. 599 (Ga. 2008) (closing argument standards and evidentiary boundaries)