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Buford v. State
309 Ga. App. 368
Ga. Ct. App.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Buford v. State
Court Name: Court of Appeals of Georgia
Date Published: Apr 18, 2011
Citation: 309 Ga. App. 368
Docket Number: A11A0499
Court Abbreviation: Ga. Ct. App.