Campbell v. State, 311 Ga. App. 865

Campbell was convicted after a jury trial of criminal attempt to commit murder, aggravated assault with intent to rob, possession of a firearm during a felony, and possession of a firearm by a convicted felon.
On appeal, Campbell challenges the sufficiency of the evidence to prove intent to commit murder.
Evidence at trial showed Campbell walked into a convenience store, pointed a handgun at the clerk, and fired twice after stating it was real.
An eyewitness testified Campbell kept clicking the gun and fired at the clerk at close range; the clerk believed the weapon was real.
The State argues the evidence shows intent to kill beyond a mere robbery; the defense argues it shows robbery-related intent only.
The trial court merged some counts for sentencing, but the judgment against Campbell was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of intent to murder?	Campbell argued no intent to kill beyond robbery.	Campbell contends evidence shows lack of intent to kill.	Yes; evidence supported intent to murder beyond reasonable doubt.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard; rational finder of fact may find guilt beyond reasonable doubt)
Thomas v. State, 226 Ga.App. 441, 487 S.E.2d 75 (Ga. App. 1997) (multiple shots toward officer support for attempted murder)
Kelley v. State, 201 Ga.App. 343, 411 S.E.2d 276 (Ga. App. 1991) (evidence of restraint and threat supports attempted murder conviction)
Graves v. State, 280 Ga.App. 420, 634 S.E.2d 186 (Ga. App. 2006) (evidence viewed in favor of jurors; credibility not weighed by appellate court)
Hughes v. State, 290 Ga.App. 475, 659 S.E.2d 844 (Ga. App. 2008) (standard of review for sufficiency—jury authorized to find guilt)
Nelson v. State, 277 Ga.App. 92, 625 S.E.2d 465 (Ga. App. 2005) (merger of related counts; sufficiency not reached where judgment lacked count evidence)