Daniels v. State
310 Ga. App. 562
Ga. Ct. App.2011Background
- On March 7, 2006, Daniels robbed a convenience store at gunpoint; the gun reportedly misfired during the attempt.
- Daniels fled with cash, wearing a dark mask with foil; a bank bag with cash was recovered near him upon arrest.
- A third employee pursued Daniels; police coordinated about seven officers to locate him in nearby woods.
- Daniels was convicted by jury of armed robbery, aggravated assault, and possession of a firearm during the commission of a crime.
- At sentencing, Daniels received life without parole for armed robbery, plus 20 years for aggravated assault and 5 years for the firearms charge.
- Daniels sought an out-of-time new trial; the trial court denied the new-trial motion and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Directed verdict sufficiency | No in-court identification; insufficient evidence | Identity proven by circumstantial and corroborating evidence | Jackson standard satisfied; no directed-verdict error |
| Adequacy of aggravated assault instruction | Charge incomplete for simple assault component | Charge tailored to indictment; only applicable simple assault element charged | Not erroneous; charge properly tailored to indictment |
| Ineffective assistance of counsel | Counsel's closing referenced uncharged crimes | Counsel's performance presumed strategic; no deficiency shown | No ineffective-assistance error |
| Merger for sentencing | Aggravated assault should merge into armed robbery for sentencing | Separate offenses; not a lesser-included offense under the facts | Aggravated assault merges into armed robbery; vacate aggravated-assault conviction and remand for resentencing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for jury verdicts)
- Hart v. State, 305 Ga. App. 259 (Ga. Ct. App. 2010) (circumstantial evidence must exclude other reasonable hypotheses)
- Long v. State, 287 Ga. 886 (Ga. 2010) (elements of aggravated assault and merger analysis)
- Brinson v. State, 272 Ga. 345 (Ga. 2000) (assault elements include attempted violent injury and apprehension)
- West v. State, 270 Ga. App. 71 (Ga. App. 2004) (charges tailored to indictment and evidence)
- Mallon v. State, 266 Ga. App. 394 (Ga. App. 2004) (trial strategy to separate charged from uncharged offenses)
- Cantera v. State, 289 Ga. 583 (Ga. 2011) (instruction adequacy where aggravated assault case not dependent on simple assault)