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SIMON v. STATE

No. A14A0276.

761 S.E.2d 468 (2014)

328 Ga. App. 6

SIMON v. The STATE.

Court of Appeals of Georgia.

July 8, 2014.

Attorney(s) appearing for the Case

Chauntilia Khelice Adaway , for Appellant.

Clifford Paul Bowden , Ronnie Allen Wheeler , for Appellee.

MILLER, Judge.

Convicted by a jury of robbery by intimidation (OCGA § 16-8-40(a)(2)) as a lesser included offense of armed robbery (OCGA § 16-8-41(a)), Isaac Simon appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his conviction.1 For the reasons that follow, we reverse.

"On appeal of a criminal conviction, the defendant no longer enjoys the presumption of innocence...

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