The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Devante Bynesv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A1974
DecidedMarch 16, 2016
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureSufficiency of the EvidenceSelf-DefenseJury InstructionsSentencingVacaturRemand
Case Summary

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.

Opinion

Loading published copy…

The Far Side