Devante Bynesv.The State
Devante Bynes appealed convictions for armed robbery and harming a police dog. He argued that the evidence was insufficient and that the trial court should have instructed the jury on justified use of force and theft by intimidation as a lesser offense. The Court of Appeals of Georgia rejected those arguments, finding no evidence supporting the requested alternative theories and no error in the instructions. It nevertheless vacated the portion of Bynes’s sentence for harming a police dog because the sentence exceeded the punishment authorized by law. The convictions were affirmed, the unlawful sentencing portion was vacated, and the case was remanded for resentencing.
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