Craft v. State, 309 Ga. App. 698

Background

Craft was convicted in Georgia of aggravated assault, disorderly conduct, possession of a firearm by a convicted felon, criminal damage to property in the first degree, and possession of a firearm during the commission of a felony, arising from a shooting at an apartment complex.
He challenged Batson-based jury strikes, claimed insufficient evidence for aggravated assault against the resident, and asserted a defective indictment and trial errors including improper court questioning and jury instructions, plus ineffective assistance of counsel.
The appellate court reversed Craft’s conviction for possession of a firearm during the commission of a felony due to a misinstruction that allowed conviction in a manner not alleged in the indictment, but allowed retrial on that offense because the evidence supported it.
The court affirmed Craft’s other convictions, finding no reversible error on Batson, sufficiency for aggravated assault, trial conduct, or related jury instructions apart from the noted error.
The trial was bifurcated; after general verdicts, evidence and argument on possession of a firearm by a convicted felon occurred, and a juror’s question led to a remedial instruction.
The court held that the possession-of-a-firearm-by-a-convicted-felon conviction could be retried if the charge is proven, but the specific manner-of-commission defect required reversal on that count.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Batson challenge denial	Craft contends the state discriminated in strikes against minority jurors.	State offered race-neutral explanations for each strike and court credited them.	Batson challenge denied; no clear error.
Sufficiency of evidence for aggravated assault	Evidence shows intent to place victim in fear of imminent violent injury.	Defense attacked the sufficiency of the evidence to prove aggravated assault.	Evidence sufficient to support aggravated assault conviction.
Indictment defect re: possession of firearm during the felony	Indictment properly predicates on criminal damage to property first degree.	Indictment error because predicate felony was broader than charged.	Conviction reversed due to charge error; retrial permitted.
Judge’s conduct under OCGA § 17-8-57	Judge’s questioning and aiding the State violated constitutional limits on judicial commentary.	Judicial questions were permissible for purposes of truth-seeking and not improper commentary.	No OCGA § 17-8-57 violation; actions not contrary to statute.
Charge on possession of a firearm during the commission of a felony	Court instructed on possession beyond what indictment alleged.	Limiting instruction was not given; due process violated.	Due process violation; reversal on this count.
Ineffective assistance of counsel	Counsel failed to request a reckless conduct or trespass lesser-included-offense instruction where warranted.	No merit to ineffective-assistance claims given the evidentiary posture and controlling law.	Ineffective-assistance claims addressed; parts resolved as moot or lacked merit.

Key Cases Cited

Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (three-step Batson framework for racial discrimination in jury selection)
Lively v. State, 262 Ga. 510 (1992) (standard for reviewing Batson determinations)
George v. State, 263 Ga.App. 541 (2003) (explanation limiting reliance on isolated grounds for Batson error)
Milner v. State, 297 Ga.App. 859 (2009) (due process concerns when jury charge covers uncharged manners of the offense)
Dukes v. State, 265 Ga. 422 (1995) (reasonable possibility standard for charges differing from indictment)
Levin v. State, 222 Ga.App. 123 (1996) (plain-error review of jury charges that affect substantial rights)
Shaw v. State, 238 Ga.App. 757 (1999) (reckless conduct charge not warranted where evidence shows intent for aggravated assault)
Edwards v. State, 264 Ga. 131 (1994) (requirement to request lesser-included-offense instruction when evidence supports it)