Aldridge v. State, 310 Ga. App. 502

Aldridge and Mesa Copeland abducted the victim at a Fulton County gas station; Aldridge directed the victim and Copeland in the car,
Aldridge later took Copeland's place, threatened the victim, and drove through multiple neighborhoods before stopping at a park and forcing a release of the victim; the kidnapping movement continued after initial assault and robbery actions
Aldridge and Copeland were later apprehended in the victim's car; the victim identified both in a photo lineup
Aldridge faced counts including carjacking, armed robbery, aggravated assault, possession of a firearm during a felony, possession of a firearm by a felon, and kidnapping; the jury acquitted some firearm counts and carjacking, but found robbery by intimidation, aggravated assault, and kidnapping
The trial court merged the aggravated assault and robbery by intimidation convictions, sentencing Aldridge to 40 years; Aldridge argued issues on venue, kidnapping asportation, and merger
The appellate court reviews the sufficiency of evidence de novo and views the record in the light most favorable to the verdict

Issue	Plaintiff's Argument	Defendant's Argument	Held
Venue sufficiency	Aldridge argues insufficient venue evidence since key movement occurred downhill toward an abandoned house and location is unclear	State contends venue was proven since the kidnapping began at a Fulton County gas station and release occurred in Fulton County	No error; venue shown in Fulton County
Venue instruction burden	Credit to a burden-shifting venue instruction because it suggested venue could be proven in any county	Charge, taken as a whole, informed that venue is a material allegation and State bears burden for each count	No error; appropriate as a whole instruction
Merger of kidnapping and robbery by intimidation	Believes kidnapping and robbery by intimidation merge as one offense	No merger since each offense requires proof of distinct facts	No merger; evidence shows separate elements and timing
Asportation for kidnapping (Garza factors)	If kidnapping occurred only when keys were grabbed, asportation duration may be insufficient	Movement after initial crime supports asportation	Asportation supported by duration, independence from other offenses, potential danger to victim
Sufficiency of evidence on restraint and crime elements	Evidence insufficient to prove every element beyond reasonable doubt	Evidence supports elements of kidnapping, aggravated assault, and robbery by intimidation	Evidence sufficient to sustain conviction on the affirmed counts

Reese v. State, 270 Ga. App. 522, 607 S.E.2d 165 (2004) (viewing evidence in the light most favorable to the prosecution; no due presumption of innocence on appeal)
Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard: rational trier of fact could find elements beyond reasonable doubt)
Epps v. State, 297 Ga. App. 66, 676 S.E.2d 791 (2009) (kidnapping asportation evidenced where movement has significance)
Garza v. State, 284 Ga. 696, 670 S.E.2d 73 (2008) (four-factor asportation test for kidnapping)
Drinkard v. Walker, 281 Ga. 211, 636 S.E.2d 530 (2006) (test for whether two offenses merge when same act violates two statutes)
Horne v. State, 298 Ga. App. 601, 680 S.E.2d 616 (2009) (affirmed kidnapping conviction where car trip exceeded minimal duration)
Owens v. State, 286 Ga. 821, 693 S.E.2d 490 (2010) (venue burden principle in multi-count cases)
Downs v. State, 257 Ga. App. 696, 572 S.E.2d 54 (2002) (venue analysis in non-homicide cases)
Hickey v. State, 267 Ga. App. 724, 601 S.E.2d 157 (2004) (non-merge of kidnapping and robbery by intimidation when post-kidnapping conduct)