Forte v. State, 302 Ga. 726

On March 7–8, 2011, after Isaiah Davis failed to return Shendora Thomas’s car, a crowd (including Donnie McQuinn Forte) sought Davis; Blanchard Thomas (Shendora’s brother) was confronted and forced into his SUV.
Witnesses testified Forte rode in the front passenger seat, later was alone with Blanchard when the SUV stopped under a bridge, and witnesses heard a gunshot and saw someone run away they identified as Forte.
Forte was later seen placing a white substance in his mouth; police found a glass smoking device on him.
Forte was indicted on multiple counts including malice murder, felony murder predicated on kidnapping, kidnapping with bodily injury, possession of a firearm during the commission of a felony, and possession of a drug-related object; some counts were nolle prossed before trial.
A jury convicted Forte of malice murder, felony murder predicated on kidnapping, kidnapping with bodily injury, possession of a firearm during the commission of a felony, and possession of a drug-related object; he received life without parole for malice murder and kidnapping with bodily injury, plus other terms.
On appeal, Forte argued (1) insufficient evidence for kidnapping (and thus felony murder predicated on kidnapping) and (2) that the trial court gave an incomplete oral jury charge on malice murder (though the written charge sent to the jury was complete); he did not object at trial, invoking plain error review.

Issue	Plaintiff's Argument (Forte)	Defendant's Argument (State)	Held
Sufficiency of evidence for kidnapping and felony murder predicated on kidnapping	Evidence did not prove Forte abducted or forced Blanchard to transport him; conviction unsupported	The crowd seized Blanchard’s truck, screamed orders, threatened him, and forced transportation — sufficient for kidnapping	Affirmed: evidence sufficient for kidnapping and felony murder predicated on kidnapping under Jackson v. Virginia standard
Incomplete oral jury charge on malice murder	Trial court omitted final paragraph defining malice in its oral charge; omission was plain error that affected substantial rights	Although omitted orally, the jury received a complete written charge; Forte did not object at trial, and he cannot show the omission affected the outcome	Affirmed: no plain error because jury had the full written instruction and Forte failed to show prejudice

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
State v. Kelly, 290 Ga. 29 (explains the four-prong plain error test for jury instruction errors)
Malcolm v. State, 263 Ga. 369 (addresses merger/vacatur of felony murder when convicted of malice murder)