GARDNER v. STATE

No. A08A2087.

676 S.E.2d 258 (2009)

GARDNER v. The STATE.

Court of Appeals of Georgia.

March 20, 2009.


Attorney(s) appearing for the Case

Robert L. Wadkins, Kathryn E. Rhodes, for appellant.

J. Gray Conger, District Attorney, William D. Kelly, Assistant District Attorney, for appellee.


BARNES, Judge.

Following a jury trial, Marquez Gardner was found guilty of three counts of armed robbery. He appeals, contending that the evidence was insufficient to sustain his conviction and that the trial court improperly commented on the evidence in violation of OCGA § 17-8-57. We agree that the trial court violated OCGA § 17-8-57, and because such violation mandates a new trial, we reverse.

On appeal from a criminal conviction, we view the...

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