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Vincent Tyrone Moorev.The State

CourtCourt of Appeals of Georgia
Docket No.A16A2088
DecidedFebruary 1, 2017
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureSufficiency of the EvidenceSentencingReversalDirect Appeal
Case Summary

Vincent Tyrone Moore was convicted after robbing a restaurant, restraining employees, and fleeing with money and a wallet. The evidence showed that Moore represented that he had a gun, although he did not actually possess one, forced employees to the floor, and was found near the stolen property after his arrest. On appeal, he challenged the sufficiency of the evidence supporting his false-imprisonment convictions and the separate armed-robbery convictions. The Court of Appeals held that the evidence authorized the jury to find that Moore restricted the employees’ movement by threats and physical force. The court also accepted the State’s concession that Moore could not receive separate convictions and sentences for two armed robberies arising from the same taking. It vacated the armed-robbery judgment on Count 3 and directed the trial court to strike that sentence, while affirming the remaining convictions. The judgment was affirmed in part and vacated in part with direction. Two judges concurred.

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Vincent Tyrone Moore V. The State — The Atlanta Gleaner