Gardner v. State

Barnes, Judge.

Following a jury trial, Marquez Gardner was found guilty of three counts of armed robbery. He appeals, contending that the evidence was insufficient to sustain his conviction and that the trial court improperly commented on the evidence in violation of OCGA § 17-8-57. We agree that the trial court violated OCGA § 17-8-57, and because such violation mandates a new trial, we reverse.

On appeal from a criminal conviction, we view the evidence in a light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court…