Stephanie Leaver appeals her judgment of conviction of armed robbery (OCGA § 16-8-41) of Ms. Stark and aggravated assault with intent to rob (OCGA § 16-5-21 (a) (1)) of Ms. Johnson. Held:
1. Appellant asserts the trial court erred in denying her motion for directed verdict as to the armed robbery charge on the grounds of insufficient evidence. Appellant, citing, inter alia,
Fitz v. State,
The circumstances surrounding the commission of the aggravated assault with intent to rob were virtually identical to the circumstances surrounding the armed robbery. Further, the aggravated assault offense was consummated within 70 days of the armed robbery offense. Both cases occurred on a Sunday afternoon in the same post office near a day care center where appellant worked, the victims were *877 female and their car keys demanded by a person holding either a gun or a gun that fired blanks, and the perpetrator uttered strikingly similar statements during the commission of these offenses.
Appellant was identified positively as the perpetrator of the aggravated assault offense both at trial and at a pretrial show-up by Ms. Johnson; an independent witness who had walked into the post office when appellant was assaulting Ms. Johnson substantially corroborated this identification. Ms. Johnson testified as to the circumstances surrounding the aggravated assault upon her by appellant.
Ms. Stark testified as to the nearly identical circumstances of the armed robbery committed upon her at the same post office, but she could not positively identify appellant at trial. Although Ms. Stark could not positively identify appellant as the perpetrator of the armed robbery, during her testimony she gave a general description of the female robber. The jury was free to compare Ms. Stark’s in-court description with the visible physical features of appellant. Before trial Ms. Stark initially picked out one picture that looked like the perpetrator, but informed the police that the perpetrator had different length hair. Ms. Stark testified that the female who robbed her was armed with some type of revolver; the gun was not recovered. State’s Exhibit No. 10, a toy gun, was not similar to the gun used by Ms. Stark’s assailant. Detective Legg testified that, when shown a photographic array subsequent to the aggravated assault of Ms. Johnson and before trial, Ms. Stark tentatively identified a photograph of appellant; however, Ms. Stark stated she was only about “half sure” that the photograph was of her assailant.
After proper foundation has been laid, similar transaction evidence may be admitted' for numerous legitimate purposes, including that of identity. See generally
Williams v. State,
On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine wit
*878
ness credibility.
Grant v. State,
2. Appellant, relying, inter alia, on
State v. Alvarado,
The lesser offense of robbery was not reasonably raised by the evidence. Rather, the evidence establishes either that appellant committed the crime of armed robbery or no crime at all upon Ms. Stark. “Where, as here, the evidence shows either the commission of the completed offense as charged, or the commission of no offense, the trial court is not required to charge the jury on a lesser included offense.”
Peebles v. State,
Judgment affirmed.
