Davis v. State
308 Ga. App. 7
| Ga. Ct. App. | 2011Background
- Davis was convicted of burglary, aggravated assault, and misdemeanor obstruction in Georgia.
- Burglary charged entry into Hill's dwelling at 308 Alder Street with intent to commit theft therein.
- Hill identified Davis as the man fleeing the house; a screwdriver was involved.
- Officer encountered Davis in the pursuit, secured the scene, and Davis was ultimately handcuffed after resistance.
- Defense sought impeachment video of Hill; prosecution admitted the full video for jury consideration.
- Defendant challenged sufficiency of evidence, variance between allegata and probata, mistrial/closing argument, impeachment instructions, and ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Davis committed burglary, aggravated assault, and obstruction based on the description and chase. | Insufficient proof of entry and unlawful authority; variance issues. | Evidence supports all elements; sufficient for conviction. |
| Fatal variance between allegata and probata | Indictment properly notified Davis of burglary at Hill's dwelling; house status not fatal. | Discrepancy in dwelling vs. building and Hill no longer living there creates fatal variance. | No fatal variance; allegations informed defense and protected against double jeopardy. |
| Mistrial for improper closing | Prosecutor's statements were within scope of case; trial court did not abuse discretion. | Remarks were improper and prejudicial; mistrial warranted. | No abuse of discretion; mistrial denied. |
| Impeachment instruction | Defense wanted impeachment charge in full. | Full impeachment instruction required; trial court erred by partial rejection. | Final charge adequately instructed credibility; no reversal. |
| Ineffective assistance — lesser-included offenses | Counsel should have requested charges on simple battery and simple assault as lesser offenses. | No evidence supports lesser offenses; failure to charge not deficient. | Counsel not deficient; no prejudice; no reversal. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review—reasonable doubt standard)
- Knight v. State, 266 Ga. 47 (1995) (prior inconsistent statements admissible for impeachment)
- Edwards v. State, 264 Ga. 131 (1994) (standard for sufficiency and appellate review)
- Weeks v. State, 274 Ga.App. 122 (2005) (variance analysis under Weeks standard)
- Sanders v. State, 293 Ga.App. 534 (2008) (definition of building/dwelling for burglary)
- Byrum v. State, 282 Ga. 608 (2007) (mistrial and prosecutorial remarks standards)
- Berry v. State, 267 Ga. 476 (1997) (final charge must be evaluated as a whole)