Blanks v. State
311 Ga. App. 351
Ga. Ct. App.2011Background
- December 23, 2008: Blanks and co-defendant Dewitt allegedly assaulted Travis Curtis; Blanks slapped Curtis and provided a pistol later used to strike Curtis.
- Blanks and Dewitt were indicted for aggravated assault with a deadly weapon; Blanks faced additional charges of simple battery, possession of a firearm during a crime, and possession of a firearm by a convicted felon.
- Curtis testified about the assault details; a police officer located a pistol matching the description; Blanks admitted slapping Curtis and that Dewitt used the pistol; Dewitt testified Blanks gave him the pistol and encouraged the assault.
- Blanks moved for a new trial; the trial court denied; the Court of Appeals reviews sufficiency of the evidence de novo.
- The jury convicted Blanks on all counts; on appeal, the court affirms the convictions, finding sufficient evidence for all counts.
- The standard of review requires viewing the evidence in the light most favorable to the verdict and determining whether a rational trier of fact could find guilt beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to convict as party to aggravated assault with a deadly weapon | Blanks argues insufficient evidence | Blanks contends lack of proof of party liability | Evidence sufficient to support party liability |
| Sufficiency for simple battery | Evidence supports simple battery | Not challenged on appeal | Sufficient evidence supporting simple battery |
| Sufficiency for possession of firearm during crime and felon in possession | Evidence supports firearm charges | Not specifically challenged beyond aggravated assault | Sufficient evidence for both firearm-related convictions |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (1979) (standard for sufficiency of evidence review)
- Lott v. State, 303 Ga.App. 775, 694 S.E.2d 698 (2010) (sufficiency review; deference to jury's verdict)
- Miller v. State, 273 Ga. 831, 546 S.E.2d 524 (2001) (sufficiency standard and evidentiary review)
- Gant v. State, 291 Ga.App. 823, 662 S.E.2d 895 (2008) (intent may be inferred from conduct; party liability framework)
- Millender v. State, 286 Ga.App. 331, 648 S.E.2d 777 (2007) (conducts establishing party to crime)