Rutland v. State

Bernes, Judge.

Shawn Rutland was convicted of armed robbery, hijacking a motor vehicle, and aggravated assault. Rutland appeals from the trial court’s denial of his motion for new trial, challenging the constitutionality of the nonmerger provision in the hijacking a motor vehicle statute, OCGA § 16-5-44.1 (d). He also contends that the trial court erred in denying his motion to suppress the pretrial identification evidence and that the trial court applied an incorrect standard of review in considering his challenge to the weight of the evidence. As explained below, Rutland’s constitutional…