Gene v. the State

Miller, Judge.

Following a jury trial, Calvin Louis Gene was convicted of robbery by sudden snatching (OCGA § 16-8-40 (a) (3)) and sentenced to fifteen years with ten years in confinement. Gene appeals from the denial of his motion for new trial, contending that the trial court erred in failing to instruct the jury on the lesser charge of theft by taking. For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict, 2 the evidence shows that on the morning of Saturday, September 4, 2010, Gene and the victim met at a tire shop in Lithia Springs. The victim…