Anna Edwards v. State
CourtCourt of Appeals of Georgia
Date FiledOctober 30, 2026
DocketA26A1720
StatusPublished
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Full Opinion
FIRST DIVISION
BARNES, P. J.,
MARKLE and HODGES, JJ.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
October 30, 2026
In the Court of Appeals of Georgia
A26A1720. EDWARDS v. THE STATE.
BARNES, Presiding Judge.
Following a jury trial, Anna Nichole Edwards was convicted of armed robbery
and possession of a firearm during the commission of a felony.1 On appeal from the
denial of her amended motion for new trial, Edwards contends that the evidence was
insufficient to support those convictions. For the reasons discussed below, we reverse
Edwards’s conviction for armed robbery, affirm her firearm possession conviction,
and remand for resentencing.
1
Edwards was also found guilty of aggravated assault and theft by taking, but
the trial court merged those counts into the armed robbery conviction for purposes of
sentencing.
Construed in favor of the verdict,2 the evidence showed that in September
2022, the victim was searching online for a PlayStation and found an advertisement
for a used console with a sale price of $250. The seller went by the name “Nicolle”
and was later identified by the victim as Edwards. The victim texted Edwards and
arranged to purchase the PlayStation. Edwards wanted cash for the purchase and
asked the victim to meet her at a residential address in Henry County.
On the afternoon of September 1, 2022, the victim traveled to the address
provided by Edwards and texted her. A few minutes later, Edwards emerged from
behind the house across the street and approached the victim. Edwards was carrying
a black bag, and the victim asked to see the PlayStation inside of it. Edwards
responded that everything was in the bag. The victim handed Edwards the cash as
Edwards handed him the bag. However, after taking the bag, the victim realized that
it was too light to contain the console, and he demanded his money back. The victim
reached for Edwards, but she backed away, pulled out a handgun, and pointed it in his
direction. Shaken and scared, the victim retreated to his vehicle and called 911, and
2
See Jackson v. Virginia, 443 U. S. 307, 319(III)(B) (99 SCt 2781, 61 LE2d 560)
(1979).
2
Edwards ran back around the house. As he made the call, the victim heard a gunshot
and drove from the scene.
Edwards lived in the house across the street from where she agreed to meet the
victim. Edwards initially told the police that the victim wanted to buy a console from
her but later claimed that he wanted to purchase a phone. However, the phone
Edwards showed to the police was broken. Edwards said that the victim had tried to
grab her and that she had fired a shot into the ground. She showed the police the
handgun. The police learned that Edwards’s house had a video surveillance system,
but there was a gap in the recording during the time period when Edwards interacted
with the victim. Edwards’s online account where she advertised the PlayStation had
also been deactivated that afternoon. The money that the victim gave Edwards was
never recovered.
1. Edwards contends that the evidence was insufficient to support her
conviction for armed robbery because the uncontradicted evidence showed that the
taking of the victim’s money was completed before the victim was threatened with the
handgun. We agree.
When a defendant challenges the sufficiency of the evidence to
support his criminal convictions, we ask only whether, after viewing the
3
evidence in the light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime beyond a
reasonable doubt. So long as there is some competent evidence, even
though contradicted, to support each element of the State’s case, the
jury’s verdict will be upheld.
Priddy v. State, 362 Ga. App. 434, 434–35(1) (868 SE2d 831) (2022). See Jackson v.
Virginia, 443 U. S. 307, 319(III)(B) (99 SCt 2781, 61 LE2d 560) (1979).
“A person commits the offense of armed robbery when, with intent to commit
theft, he or she takes property of another from the person or the immediate presence
of another by use of an offensive weapon[.]” OCGA § 16-8-41(a). To sustain a
conviction for armed robbery, the defendant’s use of the offensive weapon must occur
prior to or contemporaneous with, and not subsequent to, the taking of the victim’s
property. See Fox v. State, 289 Ga. 34, 36(1)(b) (709 SE2d 202) (2011); Hicks v. State,
232 Ga. 393, 403 (207 SE2d 30) (1974). “It follows that armed robbery does not occur
unless the robber’s use of an offensive weapon directly or indirectly induces the
possessor of property to relinquish possession to the perpetrator.” State v. Epps, 267
Ga. 175, 177 (476 SE2d 579) (1996). Moreover, our Supreme Court has held “the
‘taking’ of property is not a continuing transaction which ends only when the
4
defendant leaves the presence of the victim. Instead, the taking is complete once
control of the property is transferred involuntarily from the victim to the defendant,
even if only briefly.” Fox, 289 Ga. at 36(1)(b) (citation modified). “[F]orce used in an
attempt to escape with property taken by larceny does not transform the crime into
robbery.” Hicks, 232 Ga. at 403.
The indictment alleged that Edwards committed armed robbery by taking
United States currency “from the person and immediate presence of [the victim], by
use of a handgun.” The State therefore was required to prove that Edwards use of the
handgun occurred prior to or contemporaneous with the taking of the victim’s
currency such that it induced the victim to relinquish possession. See Fox, 289 Ga. at
36(1)(b); Epps, 267 Ga. at 177. See also Attaway v. State, 332 Ga. App. 375, 377(1)(a)
(772 SE2d 821) (2015) (noting well-established rule that the defendant’s use of force
against the victim “must either precede or be contemporaneous with, and not
subsequent to, the taking”).
The State failed to carry its burden. The evidence, even when construed in the
light most favorable to the verdict, showed that Edwards had already handed the bag
purportedly containing the console to the victim and had already taken possession of
5
the victim’s money when Edwards drew the handgun and threatened the victim with
it. Although there was evidence that Edwards used the handgun to keep the victim
from grabbing the currency back from her and to help effectuate her escape, there was
no evidence that she used it to induce the victim to hand over the currency in the first
place. “Rather, [Edwards’s] use or threats to use the [handgun] occurred after the
theft [by means of deception] was completed.” Attaway, 332 Ga. App. at 378(1)(a).
Accordingly, the evidence was insufficient to support Edwards’s conviction for armed
robbery. See Fox, 289 Ga. at 36-37(1)(b) (explaining that holding a victim at gunpoint
after taking possession of the victim’s money would not support an armed robbery
conviction because in that scenario, the defendant’s use of the handgun would not
have occurred “prior to or contemporaneously with the taking” of the money)
(quotation marks omitted); Page v. State, 334 Ga. App. 657, 658 (780 SE2d 77) (2015)
(reversing armed robbery conviction where defendant pointed a gun at the victim only
after exercising control over the stolen property); Attaway, 332 Ga. App. at
377–78(1)(a) (reversing armed robbery conviction where evidence showed that
defendant brandished a knife only after he was in possession of stolen merchandise
and was attempting to escape from the store); Gatlin v. State, 199 Ga. App. 500, 501(1)
6
(405 SE2d 118) (1991) (reversing armed robbery conviction where defendant pulled
out a gun only after snatching money from the victim, such that “the weapon was not
an ingredient” in the taking and “did not figure until after the taking occurred”).
In ruling otherwise, the trial court relied on Woods v. State, 269 Ga. 60 (495
SE2d 282) (1998). In that case, the victim gave a co-defendant cocaine and expected
payment later that night, but the defendant shot and killed the victim prior to
payment. Id. at 60-61(1). The defendant challenged his conviction for armed robbery,
contending that the evidence was insufficient because the transfer of the cocaine
occurred before his use of the handgun. Id. at 61(2). Our Supreme Court disagreed,
reasoning that the co-defendant’s “custody of the [cocaine] did not ripen into legal
possession until the condition of payment was fulfilled, and [the victim] retained
constructive possession and title to the property until payment was received.” Id. at
62(2). Because the defendant shot and killed the victim before payment was made and
thus prior to when the sales transaction was completed, the Supreme Court concluded
that the defendant’s use of the handgun “was the force that caused [the victim] to part
with possession of his property” and affirmed his armed robbery conviction. Id.
7
Woods is distinguishable from the present case. In Woods, the sales transaction
was still in progress when the handgun was used by the defendant. Here, in contrast,
the uncontradicted evidence showed that the victim exchanged money for the bag
purportedly containing the video game console before Edwards pulled out the
handgun and threatened the victim with it. By the time that Edwards brandished the
handgun, the (fraudulent) sales transaction had already been completed and the victim
had already been induced to hand over his cash through deception. Thus, unlike in
Woods, Edwards’s use of the handgun occurred subsequent to the taking of the
victim’s property and was insufficient to establish armed robbery. See Fox, 289 Ga.
at 36(1)(b); Hicks, 232 Ga. at 403. Accordingly, Edwards’s armed robbery conviction
must be reversed.
2. Edwards contends that if her armed robbery conviction is reversed, her
conviction for possession of a firearm during the commission of a felony must also be
reversed. But the indictment alleged that Edwards possessed a firearm “during the
commission of at least one of the following felonies, to wit: Armed Robbery and
Aggravated Assault.” “As we have previously explained, if a crime may be committed
in more than one way, it is sufficient for the State to show that it was committed in any
8
one of the separate ways listed in the indictment.” West v. State, 378 Ga. App. 121,
129(1)(a) n.7 (924 SE2d 458) (2025) (citation modified). And the evidence was
sufficient to enable a rational trier of fact to find that Edwards committed aggravated
assault by pointing the handgun towards the victim. See OCGA §§ 16-5-20 (a), 16-5-
21(a)(2);3 Diaz v. State, 255 Ga. App. 288, 289(1) (564 SE2d 872) (2002) (affirming
aggravated assault conviction where the defendant pointed a handgun at the victim).
Consequently, Edwards has shown no basis for reversal of her firearm possession
conviction.
In sum, we reverse Edwards’s conviction for armed robbery but affirm her
conviction for possession of a firearm during the commission of a felony. Because we
are reversing the armed robbery conviction, the counts for aggravated assault and theft
3
A simple assault occurs when a person either “[a]ttempts to commit a violent
injury to the person of another” or “[c]ommits an act which places another in
reasonable apprehension of immediately receiving a violent injury.” OCGA §
16-5-20(a). A simple assault is elevated to aggravated assault when the assault is
committed with a deadly weapon. OCGA § 16-5-21(a)(2).
9
by taking no longer merge into that conviction. See Chambers v. State, 320 Ga. 770,
780(2) (911 SE2d 616) (2025). We therefore remand for resentencing.4
Judgment affirmed in part, reversed in part, and case remanded for resentencing.
Markle and Hodges, JJ., concur.
4
On remand, the trial court will need to address whether the aggravated assault
and theft by taking counts should merge together.
10