832 : A Deadly Kiss! The Mission To Assassinate...
O.C.G.A. 16-5-21 proscribes the commission of assault with the intent to accomplish the more serious crime of murder, robbery, or rape. No more need be alleged or proved. The statute deliberately sets out the offense of having intent, as disjunctive to an assault with a deadly weapon. Scroggins v. State, 198 Ga. App. 29, 401 S.E.2d 13 (1990), cert. denied, 198 Ga. App. 898, 401 S.E.2d 13 (1991).
832 : A Deadly Kiss! The Mission to Assassinate...
- Trial court erred by failing to merge all of the aggravated assault convictions into the armed robbery conviction because all of the aggravated assault convictions were based on the defendant's commission of an assault with a deadly weapon. Irving v. State, 351 Ga. App. 779, 833 S.E.2d 162 (2019).
Evidence was sufficient to support the defendant's convictions for armed robbery, aggravated assault with a deadly weapon, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon beyond a reasonable doubt, and the trial court properly denied the defendant's motions for directed verdict and new trial because the jury could have determined that a witness's testimony provided corroboration for the codefendant's identification of the defendant; further, corroboration for the testimony of the witness and the codefendant was provided by a neighbors' description of the robbery and shooting, by the description of the codefendant's wife of the codefendant's demeanor and behavior that day, and by physical evidence found at the scene. Williamson v. State, 308 Ga. App. 473, 708 S.E.2d 57 (2011).
In a case involving a defendant's cohort shooting a man at a gas station, the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt as a party to the crime of aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony, since the evidence showed that the defendant willingly drove the cohort to the gas station, waited in a stolen truck while armed with an assault rifle as the cohort pulled the victim out of the victim's car and then shot the victim, and then rescued the injured cohort and fled the police; the defendant's criminal intent was properly inferred from the defendant's conduct before, during, and after the commission of the crime. McClendon v. State, 287 Ga. App. 238, 651 S.E.2d 165 (2007).
Evidence supported convictions of malice murder, aggravated assault, burglary, and possession of a firearm during the commission of a crime. The victim was struck twice in the head with a pistol, strangled, and shot twice in the head; the victim's wallet and keys were missing; and the defendant, who told police where the wallet could be found, admitted shooting the victim and claimed that the defendant had done so after the victim tried to hug and kiss the defendant and things got "ugly." Brown v. State, 283 Ga. 327, 658 S.E.2d 740 (2008).
Testimony from two eyewitnesses that the defendant fatally shot the victim with an assault rifle and aimed the rifle at one of the witnesses, and evidence that the defendant then fled and tried to elude authorities, was sufficient to convict the defendant of felony murder, aggravated assault with a deadly weapon, aggravated assault, and possession of a firearm during the commission of a felony. McKenzie v. State, 284 Ga. 342, 667 S.E.2d 43 (2008).
Because testimony about the circumstances of the victim's visit to a home where defendant was shot was relevant and admissible to explain defendant's motive in shooting the victim, the evidence was sufficient to convict defendant of malice murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony. Taylor v. State, 287 Ga. 440, 696 S.E.2d 652 (2010).
Evidence was sufficient to support a finding that the defendant was guilty beyond a reasonable doubt of aggravated assault with a deadly weapon, O.C.G.A. 16-5-21(a)(2), and possession of a firearm during the commission of a crime against another person, O.C.G.A. 16-11-106(b)(1), because a witness and a friend testified that they had seen the defendant shoot the victim. Redinburg v. State, 315 Ga. App. 413, 727 S.E.2d 201 (2012).
Evidence was sufficient to convict the defendant of aggravated assault of the victim with a deadly weapon and possession of a firearm during the commission of that crime because the victim testified that a passenger in a vehicle shot the victim; and the victim positively identified the defendant as the driver of the vehicle. Perdomo v. State, 307 Ga. 670, 837 S.E.2d 762 (2020).
Because sufficient evidence was presented that the defendant was provoked by an attack on a sibling, and that the defendant had a history of abusive relationships with several men, the voluntary manslaughter of the male victim was supported by the evidence; moreover, evidence of the victim's stabbing and death also supported the jury's verdict with respect to the aggravated assault with a deadly weapon, felony murder, and possession of a knife during the commission of a felony charges. Breland v. State, 285 Ga. App. 251, 648 S.E.2d 389 (2007).
Trial court did not err in denying the defendant's motion to withdraw the guilty plea to armed robbery, O.C.G.A. 16-8-41(a), aggravated assault with a deadly weapon, O.C.G.A. 16-5-21(a)(2), cruelty to children in the first degree, O.C.G.A. 16-5-70(b), and possession of a firearm during the commission of a felony, O.C.G.A. 16-11-106(b)(1), because the state met the state's burden of showing that the defendant understood the constitutional rights the defendant was giving up by pleading guilty, that the defendant understood that since the plea was non-negotiated, the trial court would sentence the defendant to at least ten years imprisonment and could sentence the defendant to a maximum sentence of life in prison, and that the defendant knowingly and voluntarily entered the guilty plea in order to avoid a trial on the indicted charges. Carson v. State, 314 Ga. App. 225, 723 S.E.2d 516 (2012), overruled on other grounds, Nazario v. State, 293 Ga. 480, 746 S.E.2d 109 (2013).
- Trial court did not err in denying a defendant's motion for new trial based on the defendant's claim that the defendant was rendered ineffective assistance of counsel as a result of defense counsel failing to file a demurrer to an aggravated assault count on the premise that the allegations in the indictment did not adequately track the language of O.C.G.A. 16-5-21 as, although the indictment did not state that the defendant used the defendant's hands as deadly weapons, that omission did not render the charge flawed since specific reference to a deadly weapon in an indictment must be seen as a general reference to the aggravating circumstance in 16-5-21. As a result, any objection or demurrer would have been futile and, as such, the defendant's contention provided no basis for an ineffective assistance of counsel claim. Hall v. State, 292 Ga. App. 544, 664 S.E.2d 882, cert. denied, No. S08C1841, 2008 Ga. LEXIS 926 (Ga. 2008).
- Evidence identifying the defendant as the perpetrator who stole a victim's car and purse at gunpoint, coupled with evidence of the defendant's flight from police, possession of the stolen car, and possession of the revolver used in the crimes, was sufficient to support convictions for hijacking a motor vehicle, possession of a firearm during the commission of a felony, armed robbery, and aggravated assault with a deadly weapon; however, the conviction and sentence for aggravated assault merged as a matter of fact into the armed robbery conviction and sentence. Doublette v. State, 278 Ga. App. 746, 629 S.E.2d 602 (2006).
- Despite the defendant's claim that insufficient evidence was presented that the gun used in the commission of the charged crime was used as a deadly weapon, because the defendant was indicted for committing an assault by striking the victim on the side of the victim's head with the gun, an object when used offensively was likely to result in serious injury, no evidence of a deadly weapon was required at trial. Vonhagel v. State, 287 Ga. App. 507, 651 S.E.2d 793 (2007).
Criminal negligence cannot substitute for criminal intent in cases of aggravated assault with a deadly weapon based on either an attempt to commit violent injury to the person of another (O.C.G.A. 16-5-20(a)(1)), or the commission of an act placing another in apprehension of receiving an injury (O.C.G.A. 16-5-20(a)(2)). Dunagan v. State, 269 Ga. 590, 502 S.E.2d 726 (1998), overruling Osborne v. State, 228 Ga. App. 758, 492 S.E.2d 732 (1007) and Jordan v. State, 214 Ga. App. 598, 448 S.E.2d 917 (1994).
- Although the indictment only referred to the commission of the crimes through the use of a deadly weapon, defendants did not point to evidence showing that an aggravated assault could have occurred other than through the use of a deadly weapon; moreover, because the trial court instructed the jury that the state was required to prove beyond a reasonable doubt every material allegation of the indictment, even if the aggravated assault charge was erroneous, such error was rendered harmless in light of the additional instruction. Dunbar v. State, 273 Ga. App. 29, 614 S.E.2d 472 (2005).
- Evidence was sufficient to find the defendant guilty of assault with a deadly weapon, possession of a firearm during the commission of a crime, and kidnapping; the victim's statement that the victim's sister was afraid of the defendant because the defendant had done the same thing to the sister was clearly admissible as part of the res gestae even if it incidentally placed the defendant's character in evidence. McLendon v. State, 258 Ga. App. 133, 572 S.E.2d 763 (2002).
Evidence supported a defendant's convictions for malice murder, felony murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony as: (1) the defendant repeatedly followed the victim in and out of a restaurant, and eventually chased the victim from the restaurant, firing at the victim at least nine times; (2) after the shooting, the defendant jumped into a silver truck and sped away; (3) the victim died as a result of the gunshot wounds; and (4) two witnesses identified the defendant from photographic lineups. Waters v. State, 281 Ga. 119, 636 S.E.2d 538 (2006). 041b061a72