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Xavius Michael Turnerv.The State

CourtCourt of Appeals of Georgia
Docket No.A19A1828
DecidedFebruary 20, 2020
Reporter306 Ga. App. 429
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureStatutory InterpretationReversalRemand
Case Summary

Xavius Turner was convicted of armed robbery, battery, and two counts of theft by receiving stolen property arising from two robberies. The jury found that he used a gun to take a woman’s purse and cellphone, then later possessed property from another victim. On appeal, Turner argued that the armed-robbery conviction and one theft-by-receiving conviction were legally incompatible because the same verdict established that he was both the principal thief and the receiver of the property. The Georgia Court of Appeals agreed. Georgia law does not permit a person to be convicted of receiving property as stolen when the same person was found to have stolen that property. The court therefore reversed the armed-robbery and theft-by-receiving convictions tied to the same property, while leaving the other theft and battery convictions intact. The case was remanded for proceedings consistent with the partial reversal.

Opinion

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