Chynoweth v. the State
331 Ga. App. 123
Ga. Ct. App.2015Background
- Chynoweth was convicted by a jury of riot in a penal institution and felony obstruction of an officer.
- March 15, 2012 officers removed Chynoweth for a jail bond hearing; he swung a fist at Officer Pimentel, was tackled, and subdued after tasings.
- A subsequent act, about July 1, 2013, in which Chynoweth attacked a cellmate, was admitted to show intent and absence of mistake.
- Chynoweth had prior mental health issues, including psychosis, antipsychotic treatment, and inpatient evaluation recommendation.
- The trial court instructed on various mental health defenses; the jury found him guilty and merged the obstruction conviction into the riot conviction, sentencing him to 20 years.
- The appellate court vacated the sentence for resentencing due to merger error and remanded; it allowed the 404(b) evidence but preserved other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of riot evidence | Chynoweth argues no tumultuous act shown. | State argues swinging fist suffices as violent act. | Sufficient evidence of violent act supports riot conviction. |
| Merger of felony obstruction into riot | Obstruction should merge with riot. | Obstruction and riot rely on different facts; no merger. | Merger error exists; sentence vacated and remanded for resentencing. |
| Admission of subsequent act to prove intent | Subsequent act relevant to intent/absence of mistake. | Evidence admissible under 404(b) with proper balancing; no undue prejudice. | Admissible to show intent; court did not err. |
| Instruction on lesser-included misdemeanor obstruction | Should have charged misdemeanor obstruction as lesser-included. | No need where greater offense proven; evidence showed completion of felony obstruction. | No reversible error; no duty to give lesser-included instruction. |
| Mental health/non-madness instructions | Requested insanity/mental capacity instructions should be charged. | Court gave mental illness/insanity instructions; other requested charges not required. | Trial court correctly instructed on mental health issues; no reversible error. |
Key Cases Cited
- Slinkard v. State, 259 Ga. App. 755 (Ga. Ct. App. 2003) (proof of one alternative method suffices when indictment allows multiple means)
- Grissom v. State, Ga. (Ga. 2015) (merger issues may be corrected sua sponte)
- Hulett v. State, Ga. (Ga. 2014) (merger-based vacated convictions and sentences may be favorable to defendant)
- McNair v. State, 326 Ga. App. 516 (Ga. Ct. App. 2014) (rule of lenity does not apply where statutes are unambiguous)
- Snow v. State, 318 Ga. App. 131 (Ga. Ct. App. 2012) (distinction between offenses with different punishments)
- White v. State, 310 Ga. App. 386 (Ga. Ct. App. 2011) (lesser-included offense considerations in obstruction cases)
- Carlson v. State, 329 Ga. App. 309 (Ga. Ct. App. 2014) (evidence on lesser-included offenses when greater offense proven)
- United States v. Zapata, 139 F.3d 1355 (11th Cir. 1998) (test for admissibility of other crimes/acts under 404(b))