McKenzie v. State

In McKenzie v. State, 295 Ga. App. 219 (1) (671 SE2d 259) (2008), the Court summarized the relevant facts as follows: Just before 3:00 a.m. on December 14, 2006, a gunman with a scarf over his face entered a Waffle House restaurant and demanded money from a waitress. After the waitress gave him funds from the cash register, the gunman asked whether she had "dropped" any money into the lock box, where Waffle House employees put large bills and excess cash from the register. When the waitress denied putting money in the lock box, the gunman pushed his gun against the waitress' neck, asking whether she wanted to die. The waitress repeated that she had not placed money in the lock box, and the gunman fled. McKenzie was ultimately apprehended and confessed to the crime. After a jury convicted him of armed robbery, aggravated assault, and possession of a firearm during the commission of a felony, the trial court sentenced him to twenty years to serve on the armed robbery, twenty years probation on the aggravated assault, and five years probation on the possession of a firearm during the commission of a felony, each to run consecutively. In McKenzie, 295 Ga. App. at 219-220 (1), we held, among other things, that the trial evidence was sufficient to sustain McKenzie's convictions. See OCGA 16-5-21 (a) (aggravated assault); 16-8-41 (a) (armed robbery); 16-11-106 (possession of a firearm during the commission of a crime). Upon remittitur to the trial court, McKenzie filed a new motion which the trial court construed to be a motion to vacate a void sentence.