Ford-Calhoun v. State
327 Ga. App. 835
| Ga. Ct. App. | 2014Background
- Ford-Calhoun and her husband were convicted of armed robbery, four counts of aggravated assault, and false imprisonment.
- Calhoun’s aggravated assault conviction on one count was vacated by this Court, leading the trial court to vacate the same count for Ford-Calhoun.
- Ford-Calhoun appeals challenging: (a) jury instructions on two aggravated assault counts; (b) sufficiency of the evidence for false imprisonment.
- Trial evidence shows two robberies in late 2007—Dollar General and Cato Fashions—where Ford-Calhoun aided in planning and execution.
- Cato Fashions alleged aggravated assaults involved two counts: Johnson (Count 4) and Campbell (Count 5).
- The court affirms some convictions, reverses Count 5 of aggravated assault, and affirms the false imprisonment conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in jury instructions on aggravated assault Counts 4 and 5? | Ford-Calhoun argues the charge allowed broader methods than indicted. | State contends indictment authorized the charged methods and pattern instructions cured any defect. | No reversible error; instructions aligned with indictment and pattern charges. |
| Was there sufficient evidence to convict Ford-Calhoun of false imprisonment? | Argues insufficiency under Calhoun and related standards. | States the evidence supports false imprisonment as a lawful restraint on liberty. | Evidence sufficient; conviction for false imprisonment affirmed. |
| Whether Count 5 (Campbell) aggravated assault was supported by evidence that a weapon was pointed at the victim | Indictment tied aggravated assault to pointing a gun and demanding money; Campbell saw no gun. | Indictment’s language about pointing a gun is surplusage; sufficient to prove intent to rob. | Count 5 reversed due to lack of evidence that a gun was pointed at Campbell. |
Key Cases Cited
- Calhoun v. State, 318 Ga. App. 835 (2012) (reversal where indictment alleged gun-pointing but no evidence showed it)
- Talton v. State, 254 Ga. App. 111 (2002) (instruction did not violate indictment where defendant indicted for aggravated assault by shooting)
- Quiroz v. State, 291 Ga. App. 423 (2008) (no fatal variance when surplusage described offense/manner of commission)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for substantial evidence review)
- Ross v. State, 195 Ga. App. 624 (1990) (guidance on jury instructions and variance concerns)
- Deleon v. State, 285 Ga. 306 (2009) (instruction including simple assault definitions permissible when aggravated assault charged)