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Caldwell v. State

The trial court did not express an opinion on the evidence when it gave a curative instruction reminding the jury that it was bound by the evidence at trial as opposed to any factually baseless questions.

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Following a bifurcated trial, a Fulton County jury found William Caldwell guilty of armed robbery and possession of a firearm by a convicted felon. Finding no error, we affirm his convictions.

Viewed in a light to support the jury’s verdict,1 the record shows that the manager of the Church’s Fried Chicken restaurant at 2558 Martin Luther King, Jr. Drive, Rose Abdel-Karim, was locking up the restaurant after closing. The cook, Calvin Fletcher, and his girlfriend were also on the scene; Abdel-Karim had asked them to remain until she had finished closing and had gotten to her car. As she was locking the door, a man with a gun came around the restaurant. He approached manager Abdel-Karim, grabbed her purse with the words, “give me the purse, bitch”, and ran into the woods behind the restaurant. Shortly, after the robbery, Caldwell was apprehended as fitting the description given by the witnesses. On the scene, he was identified by all three witnesses as the armed robber. Caldwell then told the arresting officer that he committed the armed robbery to get money for back child support. He led the officer to the victim’s purse, which had been discarded in the woods behind the store; a trail of the victim’s credit cards led directly to the weapon, which had been discarded six feet from the purse. Following the jury’s verdict on the armed robbery count of the indictment, a certified copy of Caldwell’s previous 1983 conviction for armed robbery was put before the jury to support the indicted charge of possession of a firearm by a convicted felon.

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