Wiggins v. the State
334 Ga. App. 54
Ga. Ct. App.2015Background
- On Dec. 8, 2011, two masked men entered a Havmor store, pointed handguns, and demanded money and cigarettes; about $300 and Newport cigarettes were taken.
- The store clerk (victim) identified Dominique Wiggins at the scene (a regular customer) and again from a photographic lineup months later; surveillance video of the robbery was shown to the jury.
- Police searched Wiggins’s residence (initial entry with consent then by warrant) and seized two handguns and clothing items, including a jacket the victim said Wiggins wore during the robbery.
- Fingerprints from the scene produced 21 prints, four identifiable, none matching Wiggins; officers could not lift prints from the recovered guns.
- Wiggins presented an alibi: his girlfriend testified he was at her home from 8:00–10:30 a.m. on the robbery date.
- A jury convicted Wiggins of armed robbery, two counts of aggravated assault, and possession of a firearm during the commission of a felony; Wiggins appealed on sufficiency grounds.
Issues
| Issue | Wiggins' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of identification | Victim misidentified him (masked during robbery) | Victim knew Wiggins as a regular customer and identified him at scene and in lineup; video corroborates | Identification credibility is for the jury; evidence sufficient to support conviction |
| Alibi defense | Alibi (girlfriend) proves he could not be at the scene | Alibi is evidence for jury to weigh against victim ID; does not automatically create reasonable doubt | Alibi did not compel acquittal; jury could reject it; conviction stands |
| Relevance of seized items & forensic gaps | Items seized (hats, handgun differences, no matching prints) do not tie him to crime | Seized items and testimony provided supporting evidence even if some items belonged to others and prints lacked matches | Contradicted or incomplete physical evidence does not negate sufficiency if some evidence supports each element; conviction affirmed |
Key Cases Cited
- Webb v. State, 228 Ga. App. 624 (1997) (standard: view evidence in light most favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal standard for sufficiency of the evidence)
- Roberts v. State, 317 Ga. App. 385 (2012) (upholding ID-based conviction where defendant was a long-time customer despite masking)
- Hightower v. State, 224 Ga. App. 703 (1997) (alibi is evidence for jury; does not automatically establish reasonable doubt)
- Thompson v. State, 210 Ga. App. 655 (1993) (appellate court does not weigh evidence or judge credibility)
- Askew v. State, 248 Ga. App. 230 (2001) (verdict upheld so long as some evidence, even if contradicted, supports each necessary fact)
- Newberry v. State, 182 Ga. App. 857 (1987) (conviction can be upheld despite corroborated alibi testimony)