BIZIMANA v. State
311 Ga. App. 447
Ga. Ct. App.2011Background
- Bizimana was convicted by DeKalb County jury of rape and appealed denial of motion for new trial on venue grounds.
- Georgia Constitution requires trial in the county where the crime occurred; venue is a required element beyond reasonable doubt.
- Victim A.M.N., a Burundi refugee, lived at Valley Brook Apartments in DeKalb County.
- Prosecution presented evidence locating the incident at Valley Brook Apartments; DNA from Bizimana matched the victim.
- Detective Rozier testified that the incident occurred on the apartment complex property in DeKalb County; defense challenged vidence's venue.
- Court held evidence was sufficient to prove venue beyond a reasonable doubt and affirmed denial of new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was venue proven beyond a reasonable doubt? | State contends venue was established in DeKalb County. | Bizimana argues venue not proven. | Venue proven beyond reasonable doubt; affirmed. |
| Is the evidence sufficient to sustain the rape conviction? | State argues the evidence supports guilt beyond a reasonable doubt. | Bizimana asserts insufficiency of evidence. | Evidence sufficient to support conviction; affirmed. |
Key Cases Cited
- Leftwich v. State, 299 Ga. App. 392, 682 S.E.2d 614 (Ga. App. 2009) (venue may be proper in a county where the offense occurred or where evidence supports)
- Rosser v. State, 284 Ga. 335, 336(1), 667 S.E.2d 62 (Ga. 2008) (detective testimony placing location sufficient to prove venue)
- Chapman v. State, 275 Ga. 314, 565 S.E.2d 442 (Ga. 2002) (police testimony locating venue supports venue finding)