Dixon v. State

JOHNSON, Presiding Judge.

A jury found Andrew Dixon, Jr., guilty of two counts of armed robbery. Dixon appeals, claiming that, among other things, the evidence was insufficient to sustain his convictions and that the trial court erred in failing to charge the jury as to the lesser included offense of theft by taking. Because we agree that Dixon was entitled to a charge on theft by taking and find that the trial court’s error in failing to properly charge the jury was not harmless, we are constrained to reverse Dixon’s conviction.

On appeal from a criminal conviction, we view the evidence in the…