Tolbert v. State

Dillard, Judge.

Following a trial by jury, David L. Tolbert was convicted of armed robbery, kidnapping with bodily injury, aggravated assault, aggravated battery, aggravated sodomy, and possession of a firearm during the commission of a felony. Tolbert challenges these convictions, arguing that the trial court erred in (1) denying his motion for discharge and acquittal pursuant to OCGA § 17-7-171, (2) applying an incorrect standard of review to his motion for new trial, (3) denying a motion for directed verdict as to the kidnapping-with-bodily-injury charge, (4) denying a motion for mistrial…