Benyard v. State
311 Ga. App. 127
Ga. Ct. App.2011Background
- Benyard was convicted following a bench trial of possession of a firearm by a convicted felon, attempting to elude police officers, and a taillight violation.
- Police stopped a Cadillac driven by Benyard after observing a dealer's tag and inoperative tag light; the vehicle crashed and tilted during pursuit.
- An AK-47 rifle was recovered from the driver's area, appearing to be under Benyard's control; a .9 mm handgun was found under McGriff in the passenger area.
- Benyard claimed he did not possess the rifle and suggested McGriff placed it under his arm during the incident.
- Benyard's brother and he testified inconsistently about his role and McGriff's actions; a certified conviction for armed robbery was admitted into evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to sustain possession of a firearm by a convicted felon | Benyard contends the evidence fails to prove his possession. | State argues the evidence shows Benyard possessed the firearm or acted with control. | Yes; evidence was sufficient beyond a reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review conducted from favorable view of prosecution evidence)
- Cantrell v. State, 231 Ga. App. 629 (Ga. App. 1998) (credibility and conflicting evidence for factfinder)
- Driscoll v. State, 295 Ga. App. 5 (Ga. App. 2008) (Jackson v. Virginia applied in Georgia appellate review)