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Barner v. State
Citations: 609 S.E.2d 385; 271 Ga. App. 233; 2005 Fulton County D. Rep. 178; 2005 Ga. App. LEXIS 3Docket: A04A2014
Court: Court of Appeals of Georgia; January 6, 2005; Georgia; State Appellate Court
Travis Antonio Barner and Cornelius A. Bass were jointly indicted and convicted of armed robbery at the Valley Stop Shop convenience store on July 4, 2003. The Court of Appeals of Georgia affirmed Barner's conviction, rejecting his appeal which challenged the sufficiency of the evidence. Key evidence included testimony from Parvis Dajani, a store employee, who described the robbery, and Marcus Green, Jr., a witness who identified Barner with a shotgun near the store and noted his change of clothing before and after the robbery. A videotape of the incident could not identify the masked robber, but circumstantial evidence was presented, including an orange shirt found at the scene that Green identified as Barner's. Barner's defense argued that circumstantial evidence did not eliminate reasonable hypotheses of innocence, but the court found the evidence sufficient to establish Barner's identity as the perpetrator. The court emphasized that the credibility of witnesses is for the jury to determine, thus affirming the conviction based on the evidence presented. The judgment was upheld with concurrence from the presiding judge and another judge.