Gordon v. State
316 Ga. App. 42
| Ga. Ct. App. | 2012Background
- Gordon was convicted after a jury trial of aggravated assault, motor-vehicle hijacking, and possession of a firearm during the commission of a crime for an incident at a gas station on Feb. 26, 2005.
- A 13-year-old, C. T., robbed Willingham of his SUV with a handgun and later implicated Gordon in the plan.
- The white Crown Victoria allegedly involved was registered to Gordon’s mother; police later interviewed Gordon and his girlfriend.
- Gordon admitted to being the exclusive driver of the Crown Victoria but denied hijacking; girlfriend corroboration was partial.
- Police recovered a Glock handgun under Gordon’s mattress; serial number matched a stolen firearm belonging to a Union City detective.
- C. T. later admitted he hijacked the SUV and that Gordon provided the handgun; Gordon was arrested after a chase and crash.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to prove motor-vehicle hijacking | Gordon argues C. T. did not obtain the SUV | Gordon contends there was no removal or control gained | Evidence showed obtaining vehicle when C. T. demanded keys and entered the SUV |
| Gordon as a party to the crime | C. T. implicated Gordon; Gordon aided or planned with C. T. | Discrepancies in C. T.’s testimony undermine party theory | Sufficient evidence of a common design; Gordon was charged as a party to the crimes |
| Instruction on conspiracy in hijacking statute | Instruction allowed conspiracy-based conviction | Conspiracy charge not indicted but may be charged/proved | No reversible error; conspiracy instruction proper under law |
| Instruction on possession of firearm during crime | Indictment and charge alignment at issue | Phrase “any crime” and misstatement about underlying felony | No reasonable probability of unlawful conviction due to harmless slip; instructions read the underlying felony (aggravated assault) correctly |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence in criminal cases)
- Beals v. State, 288 Ga. App. 815 (2007) (punctuation and charge issues; harmless error analysis)
- Bruce v. State, 252 Ga. App. 494 (2001) (meaning of ‘obtain’ in hijacking statute; possession complete on obtaining)
- Middlebrooks v. State, 241 Ga. App. 193 (1999) (conspiracy and party-to-crime principles without indictment)
- Johnson v. State, 299 Ga. App. 706 (2009) (presence and involvement supporting party theory)