The Georgia Court of Appeals overturned the armed robbery conviction of Bulloch County man tried in 2024. The court handed down a decision earlier this year and the man was resentenced in Bulloch County Superior Court on Tuesday.
Background
18-year-old Nicholas Lorenzo Bacon was arrested in October 2023 for an incident involving an individual robbed at gunpoint over a PlayStation and $300. According to records, Bacon offered to sell a PlayStation in a GroupMe message thread. A member of the message thread contacted Bacon about the sale and on October 6, Bacon and the individual discussed price and meeting location before going to Bacon’s apartment complex.
According to court documents:
“Bacon walked to the driver’s side window of [the victim’s] car with the PlayStation in his hand. While Bacon stood beside the car, [the victim] sent $300 to Bacon via CashApp and showed him proof of the transfer on her phone a few minutes later. Bacon then pointed a gun at her and ran away with the PlayStation. After Bacon fled the scene and returned to his apartment, he received a notification of [the victim’s] payment…and deposited the funds into his bank account. [The victim] called 911 and she and [her friend] drove out of the apartment complex.
Officers with the Statesboro Police Department responded to the scene shortly thereafter and found Bacon walking behind the apartment complex. Responding officers did not locate a pistol or replica at the scene or on Bacon’s person, but they found the PlayStation and marijuana in his apartment.”
Under former District Attorney Daphne Totten, Bacon was indicted in December 2023 on two counts of Armed Robbery for stealing $300 dollars, two counts of Aggravated Assault for pointing a firearm at the two individuals, and one count of misdemeanor Possession of Marijuana.
Bacon entered a not guilty plea and, represented by Kimberly Copeland, the case went to trial in September of 2024. Bacon testified in his own defense and admitted to stealing $300, but denied pointing a gun or anything resembling a gun at the victim. A jury returned a split verdict, finding Bacon guilty and not guilty on various charges, including:
Count 1 – Armed Robbery – NOT GUILTY
Count 2 – Armed Robbery – GUILTY
Count 3 – Aggravated Assault – NOT GUILTY, but GUILTY of the Lesser Included offense of Simple Assault (a misdemeanor)
Count 4 – Aggravated Assault – NOT GUILTY, but GUILTY of the Lesser Included offense of Simple Assault (a misdemeanor)
Count 5 – Possession of Marijuana <1oz – GUILTY
On September 12, Bacon was sentenced by Judge F. Gates Peed as follows:
Count 2 – 20 YEARS – 10 to Serve, $2,000 fine + any associated fees (total $2,805)
Count 3 – 12 months to serve – concurrent to Count 2
Count 4 – 12 months to serve – concurrent to Count 2
Count 5 – 12 months to serve – concurrent to Count 2
Bacon received credit for time served in the Bulloch County Jail from October 6, 2023 through September 12, 2024 and he was subsequently transferred to the custody of the Georgia Department of Corrections.
Appeal
Copeland filed a Notice of Appeal on September 18, 2024, arguing that the court erred by not issuing a directed verdict on the Armed Robbery charge and for failing to merge the Simple Assault charges. The case was transmitted to the Georgia Court of Appeals.
In January 2026, the Court of Appeals reversed the trial court action and remanded the case for resentencing.
In the 9-page opinion, the Court wrote:
“…an armed robbery conviction is authorized only when “the theft was completed after force was employed against the victim. Here, [the victim] testified that Bacon pointed a gun at her after she transferred the $300 cost of the PlayStation via CashApp. Thus, at issue in this appeal is whether the taking of property was completed before Bacon pointed an object appearing to be a gun at [the victim]….
…Here, [the victim] voluntarily transferred $300 to Bacon in anticipation of receiving a PlayStation. Bacon did not pull out the replica gun until after [the victim] transmitted the funds. She conceded that he did not use a weapon to force her to transfer the money, and testified that he tricked her into doing so. This evidence is insufficient to prove that BAcon used an object having the appearance of an offense weapon either prior to or contemporaneously with taking [the victim’s] money as would support the armed robbery conviction…
Accordingly, we reverse Bacon’s Armed Robbery conviction.”
The Court also noted that the indictment did not charge Bacon for stealing the PlayStation, but instead the $300, and “had it done so, our analysis in this appeal would be quite different.” Summarily, the order of events would have supported a conviction of Armed Robbery had the District Attorney’s office indicted Bacon for stealing the PlayStation, since the money was given to Bacon, the gun was pointed, and then he did not turnover the PlayStation. But the indictment instead alleged that the Bacon stole the $300 at gunpoint when the money was sent prior to any display of a weapon.
Regarding Bacon’s second part of his appeal, the Court determined that the Simple Assault charges should have merged together for one twelve-month sentence instead of two.
On May 26, 2026, Bacon appeared in Bulloch County Superior Court and Judge Matthew Hube resentenced Bacon in accordance with the Court of Appeals decision. Count 3 and Count 4 were merged and he was given credit for time served.
Bacon is still in the custody of the Department of Corrections for a 2021 incident in Evans County, but the Department of Corrections no longer reflects any of his Bulloch County charges. His max possible release date is listed as July 2029.
