Attaway v. the State
332 Ga. App. 375
| Ga. Ct. App. | 2015Background
- Attaway was convicted in Richmond County for armed robbery, aggravated assault, and two counts of possession of a knife during the commission of a crime.
- He appeals contending the evidence is insufficient and that he was improperly sentenced on the armed robbery conviction.
- Evidence showed Attaway attempted to conceal a laptop and Best Buy merchandise, leading to a scuffle; he allegedly pulled a knife to escape.
- Witnesses (Laird, Walker, Youssef, and Marines) observed Attaway with a knife and stabbing Duggan; a four-inch blade was recovered.
- The laptop box had been sliced; Attaway initially kept silent, then gave a recorded statement after being advised of Miranda rights and acknowledging some witnesses saw a stabbing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the armed robbery conviction supported by sufficient evidence? | Attaway, | State | No; knife use occurred after the theft, not prior or contemporaneous to taking; conviction reversed. |
| Is the aggravated assault conviction supported by sufficient evidence? | Attaway | State | Yes; witnesses saw Attaway stab Duggan with a knife during the scuffle. |
| Does the possession of a knife during the commission of a felony stand where based on armed robbery? | Attaway | State | One possession count premised on armed robbery is reversed; remaining possession count upheld as predicated on aggravated assault. |
| Should the sentence on the armed robbery conviction be addressed on appeal given reversal? | Attaway | State | Court remanded for re-sentencing on the remaining counts; no need to rule on sentence for the reversed armed robbery. |
Key Cases Cited
- Fox v. State, 289 Ga. 34 (2011) (taking must occur prior to or contemporaneously with the taking; not after)
- Hicks v. State, 232 Ga. App. 393 (1974) (taking ends when property is removed; not a continuing transaction)
- Brown v. State, 293 Ga. App. 633 (2008) (standard for reviewing sufficiency of evidence in favor of verdict)
- Harrell v. State, 321 Ga. App. 707 (2013) (evidence of knife use after taking can be insufficient for armed robbery)
- Alford v. State, 204 Ga. App. 14 (1992) (display of knife prior to taking could sustain armed robbery)
- King v. Waters, 278 Ga. 122 (2004) (premise of related felony counts affects validity of firearms/knife charges)
- Jackson v. State, 309 Ga. App. 24 (2011) (precedent on evidentiary sufficiency for related offenses)