Chambers v. Hall, Warden
305 Ga. 363
| Ga. | 2019Background
- On Sept. 13, 2002 three masked, armed men robbed a closed pizza restaurant; employees were ordered to submit and some were moved or isolated while robbers took cash and checks.
- Ryan Mantz (one employee) was grabbed, pushed against the cash register to open it, then pushed aside while robbers took money; three female employees were ordered to sit in the back.
- Chambers was convicted by a jury (Oct. 6, 2003) of armed robbery (Mantz), four counts of kidnapping (other employees), five counts of aggravated assault with a deadly weapon, and firearm possession; received concurrent and consecutive sentences.
- Chambers’s direct appeal affirmed; he later filed a habeas petition arguing insufficient evidence of asportation under Garza for the kidnapping convictions.
- The habeas court denied relief; the Georgia Supreme Court granted a certificate of probable cause to review (issues: asportation re Mantz; merger of aggravated assault with armed robbery).
Issues
| Issue | Chambers' Argument | Warden/State's Argument | Held |
|---|---|---|---|
| Whether movement of Mantz constituted sufficient asportation for kidnapping under Garza | Movement was minimal and incidental to the robbery; therefore not kidnapping | Conceded error on appeal; court to decide under Garza factors | Reversed: insufficient evidence of asportation for Mantz; kidnapping conviction vacated |
| Whether aggravated assault (deadly weapon) of Mantz merges into armed robbery | Assault and armed robbery arose from same act; elements overlap so assault should merge | Conceded merger on appeal | Reversed: aggravated assault merged into armed robbery; assault conviction vacated |
Key Cases Cited
- Garza v. State, 284 Ga. 696 (discussion of four-factor asportation test)
- Wilkerson v. Hart, 294 Ga. 605 (reversal required when Garza factors do not support asportation)
- Bradley v. State, 292 Ga. 607 (aggravated assault with a deadly weapon merges into armed robbery when same act/transaction)
- Long v. State, 287 Ga. 886 (weapon element of aggravated assault equivalent to armed robbery weapon element)
- Chatman v. Brown, 291 Ga. 785 (Garza applies retroactively in habeas proceedings)
- Johnson v. State, 277 Ga. App. 499 (Court of Appeals opinion describing underlying facts/investigation)