EVANS v. the STATE.
810 S.E.2d 164
Ga. Ct. App.2018Background
- At a house party, an altercation involving Tyson Danrail Evans, his mother, Wayne Holland, and Albert Dye escalated after Evans’ mother physically intervened to block Holland from leaving.
- Evans drew a handgun, fired from about six feet; one shot hit furniture, Holland fell, and Evans straddled Holland and Dye and fired again, striking Dye in the abdomen.
- Dye suffered severe injuries (liver damage, collapsed lung, eye damage, three broken ribs).
- Evans was convicted by a jury of aggravated battery, aggravated assault, possession of a firearm during the commission of a felony, discharge of a firearm on property of another, and possession of a firearm by a convicted felon.
- The trial court sentenced Evans to consecutive 20-year terms on both aggravated battery and aggravated assault among other punishments.
- Evans appealed, arguing (1) that aggravated assault and aggravated battery should have merged for sentencing, and (2) that the trial court expanded the aggravated assault jury charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated assault merges into aggravated battery as a matter of fact | Evans: aggravated assault is a lesser-included offense of aggravated battery and convictions should merge for sentencing | State: (implicit) the offenses are distinct and support separate convictions/sentences | Court: Aggravated assault is a lesser included offense of aggravated battery under the required-evidence test; assault conviction vacated and case remanded for resentencing |
| Whether the trial court impermissibly expanded the jury charge on aggravated assault | Evans: jury charge was expanded impermissibly | State: (implicit) charge was proper | Court: Issue rendered moot by merger holding |
Key Cases Cited
- Allen v. State, 302 Ga. App. 190 (2010) (applies required-evidence test; aggravated assault can be lesser included offense of aggravated battery)
- Jeffrey v. State, 296 Ga. 713 (2015) (explains the required-evidence test for merger as matter of fact)
- Adkins v. State, 301 Ga. 153 (2017) (merger principles where one aggravated-assault theory contained no element outside another offense)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)