Cantera v. State
289 Ga. 583
| Ga. | 2011Background
- Cantera shot Guerrero, who fled; Cantera then chased and shot him three more times, killing him.
- Cantera told his son he had killed Guerrero and later forced two men at gunpoint to bury the victim at a leased Echols County hunting property.
- Evidence showed Cantera acted with intent and used a firearm in a manner likely to cause serious bodily injury.
- The Court of Appeals affirmed Cantera’s convictions for aggravated assault, concealing the death of another, and possession of a firearm during a crime.
- Georgia Supreme Court granted review to decide whether a jury instruction on simple assault is mandatory in all aggravated assault cases and applied it to the Cantera facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a simple assault instruction is required with aggravated assault | Cantera contends a simple assault charge was needed | State argues no requirement where intent is clear | Not required here; but may be in cases with disputed intent |
| When is simple assault currency indispensable in aggravated assault cases | Circumstances with disputed intent demand simple assault instruction | If intent is undisputed, no simple assault instruction needed | Depends on whether intent is in dispute; here no error as intent was clear |
| Application of prior precedents Sutton and Chase to Cantera | Prior rules mandate simple assault instruction in some aggravated cases | Sutton/Chase do not require it when intent is clear | Affirmed: no error given the evidence and instructions |
Key Cases Cited
- Sutton v. State, 245 Ga. 192, 264 S.E.2d 184 (1980) (no merit in requiring simple assault to complete aggravated assault definition when intent is clear)
- Howard v. State, 288 Ga. 741, 707 S.E.2d 80 (2011) (no harmful error from omitting simple assault when intent to shoot is undisputed)
- Chase v. State, 277 Ga. 636, 592 S.E.2d 656 (2004) (simple assault necessary to explain substantive points when injury is in dispute)
- Coney v. State, 290 Ga.App. 364, 659 S.E.2d 768 (2008) (simple assault charge needed to instruct on substantive points in aggravated assault)
- Cantera v. State, 304 Ga.App. 289, 696 S.E.2d 354 (2010) (appeals upheld conviction; court explained when simple assault instruction may be required)