Clark v. State
311 Ga. App. 58
| Ga. Ct. App. | 2011Background
- Clark and Flournoy were tried together for aggravated assault with intent to rob and possession of a firearm during a crime, with armed robbery counts dismissed.
- The July 31, 2009 attack occurred at a mailbox; one assailant pointed a gun at the victim’s stomach and rifled his pockets, while another pushed him causing head injury.
- Witnesses observed the attackers fleeing into nearby woods; gunshot-like sounds were heard as they fled and were later arrested hiding in a shed.
- The victim identified Clark as the gunman at trial, though he initially identified Clark and Flournoy during investigation; Flournoy testified that Clark pushed the victim and that they fled together.
- Flournoy admitted an altercation with the victim but denied taking anything or possessing a gun; Clark did not testify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault with intent to rob | Clark and Flournoy attacked the victim with intent to rob. | Evidence insufficient to show the requisite intent or acts by both defendants. | Sufficient evidence to support aggravated assault with intent to rob. |
| Sufficiency of evidence for possession of a firearm during a felony | Victim's testimony alone proves firearm possession during the crime. | Disputed which defendant possessed the firearm; lack of corroboration. | Sufficient evidence that one defendant possessed a firearm during a felony, supporting conviction. |
| Accomplice liability and firearm possession | Both defendants conspired and acted in concert in the crimes. | Disagreement about actual possession invalidates liability insofar as joint possession is required. | Under OCGA 16-2-20, accomplices may be convicted of both offenses even if one did not have actual possession. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review—proof beyond a reasonable doubt)
- Howze v. State, 201 Ga. App. 96 (Ga. App. 1991) (accomplice liability and evidence conflicts)
- Tesfaye v. State, 275 Ga. 439 (Ga. 2002) (accomplice liability and firearm during robbery)
- Johnson v. State, 299 Ga. App. 706 (Ga. App. 2009) (accomplice liability and possession by a party)
- Odett v. State, 273 Ga. 353 (Ga. 2001) (factfinder credibility and witness conflicts)
- White v. State, 308 Ga. App. 38 (Ga. App. 2011) (single witness sufficiency and credibility)