Buford v. State
309 Ga. App. 368
Ga. Ct. App.2011Background
- Buford was involved in a September 17, 2008 robbery where an acquaintance drove him to an apartment to purportedly buy marijuana.
- Inside the apartment, Buford brandished a gun and demanded the victims' cell phones and money.
- Buford received a cell phone and money from victims and then fled in the acquaintance's car without permission.
- police pursued Buford in the reported-stolen car; a high-speed chase ended when his vehicle crashed and he was arrested.
- Buford was convicted of armed robbery (two counts: taking the cell phone and taking money) and theft by taking (the car).
- Buford challenged the sufficiency of the evidence, arguing credibility issues and lack of possession of a gun by him at arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for armed robbery by taking the cell phone | Buford argues lack of weapon and credibility issues undermine proof | State contends the gun-use and taking elements were proved by witnesses | Evidence sufficient to support armed robbery by taking the phone |
| Sufficiency of evidence for armed robbery by taking money | Buford claims no gun found on him and weaknesses in state case | State relies on eyewitness testimony and events showing taking with a gun | Evidence sufficient to support armed robbery by taking money |
| Sufficiency of evidence for theft by taking the acquaintance's car | Buford claims he had permission to use the car as planned | State shows taking and use of car without authorization | Evidence sufficient to support theft by taking |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for reviewing sufficiency of evidence)
- Wells v. State, 297 Ga. App. 153 (Ga. App. 2009) (credibility determinations for jury)
- Cleveland v. State, 285 Ga. 142 (Ga. 2009) (credibility and conflicting testimony resolve by jury)
- Feaster v. State, 283 Ga. App. 417 (Ga. App. 2007) (sufficiency to prove armed robbery where gun shown to victim)
