Calhoun v. State
318 Ga. App. 835
| Ga. Ct. App. | 2012Background
- Appellant Preston Calhoun was convicted after a jury trial of four counts of aggravated assault, and one count each of armed robbery and false imprisonment arising from two robberies.
- Co-defendant Roslynn Ford-Calhoun accompanied appellant in both incidents and helped plan/execute the robberies.
- First robbery occurred Nov. 19, 2007 at a Dollar General in Stockbridge; appellant and Ford-Calhoun fled in a black Cadillac after taking money.
- Second robbery occurred Dec. 4, 2007 at Cato, a women’s clothing store in McDonough; appellant again used a gun and fled with Ford-Calhoun in the same vehicle.
- The trial court denied severance of the Dollar General counts from the Cato counts and denied directed verdicts on two counts (aggravated assault on Kurtz and false imprisonment of Campbell).
- The court ultimately reversed part of the judgement (Count 3) and affirmed others; Division 2(a) held the evidence failed to prove the manner-specific aggravated assault against Kurtz, while Division 2(b) upheld the false imprisonment conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of joined counts appropriate? | Calhoun argues severance was required due to differing incidents. | State contends joined offenses shared a common scheme. | No abuse of discretion; offenses showed common scheme and complexity was manageable. |
| Sufficiency of evidence for aggravated assault on Kurtz (Count 3)? | State relied on gun presence and threats as charged. | Indictment language required proof of pointing gun at Kurtz; not proven. | Directed verdict granted; conviction on Count 3 reversed. |
| Sufficiency of evidence for false imprisonment of Campbell? | Campbell’s detention and control by appellant established false imprisonment. | Evidence insufficient to prove unlawful confinement. | Conviction for false imprisonment upheld. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court (1979)) (standard for sufficiency of evidence)
- Bryant v. State, 304 Ga. App. 456 (Ga. Ct. App. 2010) (sufficiency and severance standards in Georgia appellate review)
- Green v. State, 291 Ga. 287 (Ga. Sup. Ct. 2012) (concerning sufficiency/opinion on evidence)
- Willis v. State, 316 Ga. App. 258 (Ga. Ct. App. 2012) (directed verdict and sufficiency considerations)
- Boatright v. State, 308 Ga. App. 266 (Ga. Ct. App. 2011) (joinder and severance considerations)
- Floyd v. State, 251 Ga. App. 346 (Ga. Ct. App. 2001) (indictment language and variance principles)
- Petty v. Smith, 279 Ga. 273 (Ga. 2005) (interpretation of indictment language and proof requirements)
- Badie v. State, 317 Ga. App. 712 (Ga. Ct. App. 2012) (general guidance on sufficiency and jury instructions)