Glover v. State

386 S.E.2d 699, 192 Ga. App. 798, 1989 Ga. App. LEXIS 1198
CourtCourt of Appeals of Georgia
DecidedSeptember 12, 1989
DocketA89A0850
StatusPublished
Cited by9 cases

This text of 386 S.E.2d 699 (Glover v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glover v. State, 386 S.E.2d 699, 192 Ga. App. 798, 1989 Ga. App. LEXIS 1198 (Ga. Ct. App. 1989).

Opinions

Birdsong, Judge.

Ernest Glover appeals his conviction of armed robbery and possession of a firearm during the commission of a felony.

On October 10, 1986, Leland Nettles, the manager of the Comet Oil Station in Savannah, Georgia, was robbed at gunpoint by two men. Moments after the robbery, Richard Spencer and appellant Ernest Glover were arrested. Appellant Glover was indicted for armed robbery, aggravated assault and possession of a firearm during the commission of a crime. During the trial of the case, the trial court directed a verdict of acquittal on the count for aggravated assault. The jury returned a verdict of guilty on the remaining counts.

Savannah Police Officer Leonard Harris testified that in response to a radio call he proceeded to the Comet Oil Station on Waters Avenue in Savannah at about 8:30 p.m., October 10, 1986. Immediately upon arriving at the store, he saw appellant inside the store, along with the other robber (Spencer) and the victim. He testified that he knew appellant Ernest Glover and in fact had known him “[p]ractically all my life.” Harris also knew the second of the two robbers, Richard Spencer; he saw a gun in Spencer’s hand. The robbers and the victim came running out of the business; Officer Harris tackled Spencer as he ran. Another policeman chased Glover. Officer Harris found a gun in Spencer’s pocket and turned it over to the store clerk to guard Spencer. Moments later, he saw the other policeman, Officer Mack, and appellant scuffling on the ground near the store.

The victim, Leland Nettles, testified that at about 9:00 p.m. on October 10, 1986, two black males came into the Comet Oil Station. One ordered a couple of packs of cigarettes. When Nettles opened the cash register, “one male came around behind the counter with a gun and told me not to close the drawer.” The man struck Nettles in the head with a gun and took the money from Nettles’ left front pocket. The man pulled the hammer back on the gun, threatening to shoot Nettles if he did not open the floor safe. The other man (appellant) said “shoot the son of a b. . . and let’s go.” After money was taken, appellant told the gunman, “Let’s go. They’re outside.”

The victim had activated a silent alarm during the robbery; the police were already outside when the two robbers left the store with Nettles running behind them. The two robbers left the store in the same direction but Spencer was caught immediately. Minutes later, [799]*799appellant Glover was brought back to the scene by the police and Nettles identified him as the other robber. On cross-examination, the victim repeated that it was appellant who urged Spencer to shoot him.

Police Officer Mack testified he was dispatched to the Comet store after the silent alarm went off and arrived shortly after Officer Harris. Mack saw two black men run from the store and head south. One of the men (Spencer) was caught almost immediately by Harris and Officer Mack pursued appellant for a “minute and a half.” Mack testified the man he chased from the store that night was appellant Ernest Glover, whom he already knew by face. When he captured Glover, they tussled, and then engaged in a second chase. When he was caught again, appellant wrestled the policeman, seizing the officer’s wrist and handgun. During the chase, defendant appeared to be carrying a plastic bag which he did not have when apprehended. A day or two after the robbery, Mack found a blue and white plastic bag in “the exact same spot where” he had arrested appellant. Inside the bag were a bottle of wine and $180. Officer Mack testified that during his chase of appellant from the Comet Oil Station, he never lost “sight of [appellant].”

Police Corporal Gardner arrived at Comet Oil moments after the robbery. He obtained a latent fingerprint from a beer can found on the counter of the store, a can which Nettles believed had been handled by one of the suspects. Police Corporal Gene Roy, a fingerprint comparison expert, testified that the latent print found on the beer can was the fingerprint of appellant Ernest Glover.

Police Investigator Howard Wilson testified he went to Comet Oil immediately after the report of the robbery. He took $167.56 from Spencer’s left front shirt pocket. Wilson testified that shortly after his arrest Glover told him and Detective Burns that he had “just [been] walking by the gas station and he saw someone run out of the station.” (Burns corroborated Officer Wilson’s testimony.) Wilson identified the handgun that Nettles had held on Spencer after the robbery, and an envelope containing the money he seized from Spencer at the scene.

The State and the defense stipulated that defendant Glover and his co-defendant Richard Spencer were arrested and pled guilty to a bank robbery in U. S. District Court in Savannah in 1975.

In defense, Glover stated that he just happened to be walking near the incident location when Officer Mack approached. He testified that he ran from the officer and that he had to try to keep the officer from “beating me to death.” He was brought back to the store where he saw the victim Nettles, whom he had seen many times before “because I have been in that store quite a few times.” He denied having been in the store during the robbery and denied making [800]*800the statement attributed to him by Detectives Wilson and Burns. He referred to the prosecution against him as a “frameup situation.” He suggested Burns and Wilson were lying because they, like the prosecutor, just wished to obtain a conviction. He conceded to the prosecutor that he was calling all the State’s witnesses liars. Held:

1. Appellant contends he was entitled to a directed verdict as to Count 3, possession of a firearm during the commission of a felony under OCGA § 16-11-106, on the ground that this offense is included in Count 1, armed robbery (OCGA § 16-8-41), and particularly since appellant was not shown to have a weapon during the commission of the robbery.

Appellant contends he is familiar with our controlling ruling in Wilcox v. State, 177 Ga. App. 596 (340 SE2d 243), but urges us to take another look at it, as “[s]omewhere in there is ground for [¡judicial correction.” However, appellant has not suggested what such ground for correction might be. “Any person concerned in the commission of a crime is a party to it and may be convicted as a principal. OCGA § 16-2-20 (a); Tolliver v. State, 167 Ga. App. 696 (1) (307 SE2d 269). . . . An aider or abettor is such a person, as is one who encourages another to commit the crime. OCGA § 16-2-20 (b) (3) and (4). The evidence was sufficient to establish that appellant was concerned in . . . both of these ways in the commission of the crime of his co-defendant’s actual possession of [a] firearm during commission of the armed robbery. Thus the jury was authorized to find appellant guilty as a principal.” Wilcox, supra at pp. 596-597.

The two counts do not merge. It is clear the legislature specifically intended to provide separate and additional penalties for both the felony act, whatever that might be, and the possession of a firearm during the commission of it, as separate offenses. Miller v.

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Glover v. State
386 S.E.2d 699 (Court of Appeals of Georgia, 1989)

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Bluebook (online)
386 S.E.2d 699, 192 Ga. App. 798, 1989 Ga. App. LEXIS 1198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-state-gactapp-1989.