Spivey v. State

Blackburn, Presiding Judge.

Addie Mae Spivey appeals, following a jury trial, her conviction of armed robbery, contending that the trial court erred by: (1) failing to charge the jury on the lesser included offense of criminal attempt to commit armed robbery; (2) failing to charge the jury on abandonment; (3) improperly recharging the jury on “overt act”; and (4) failing to grant her motion for mistrial. For the reasons discussed below, we affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Spivey] no longer enjoys a presumption of innocence;…