Poole v. State

Johnson, Presiding Judge.

A jury found Anthony Nathaniel Poole, Jr. guilty of armed robbery.1 In his sole enumeration of error, Poole contends that the trial court erred in failing to give a charge on the alternate crime of theft by receiving stolen property as a lesser included offense of armed robbery. Theft by receiving stolen property,2 as a matter of law, is not a lesser included offense of armed robbery.3

Poole acknowledges the Young decision but argues that we should not apply it to the facts of this case, as that would effectively deprive him of the defense that he was not guilty of…