Grant v. State
307 Ga. App. 681
| Ga. Ct. App. | 2011Background
- Grant was convicted of burglary and sentenced as a recidivist to 20 years in confinement, and he challenged the conviction on appeal.
- The burglary occurred at Glennville Beauty Supply; police found shattered glass, a broken jewelry showcase, and stolen jewelry; several rings were found in the road and identified by the owner.
- DNA analysis on a blood sample from the store’s front door/broke glass matched Grant's DNA.
- Witnesses testified Grant distributed stolen jewelry to others, including his daughter, Latisha Doe, who testified Grant gave her about ten rings.
- Grant gave a post-arrest statement claiming he entered to investigate the break-in, found two youths inside, cut his hand on the door, and later disposition of rings; he claimed he fled when police arrived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficient evidence of burglary with intent to steal | Grant, as defendant, contends the state failed to prove he entered with intent to commit theft. | State argues presence of Grant in store, DNA, possession of stolen jewelry, and flight support guilt beyond a reasonable doubt. | Sufficient evidence supported burglary verdict. |
| Admission of drug-transactions references in statement | References to drug transactions were irrelevant and harmed Grant's character. | Admission showed motive; trading rings for crack was integral to his motive. | No error; in limine denial affirmed. |
Key Cases Cited
- Robles v. State, 277 Ga. 415 (Ga. 2003) (circumstantial evidence sufficiency standards; jury may reject explanations)
- Leonard v. State, 268 Ga. App. 745 (Ga. App. 2004) (circumstantial evidence and reasonable hypotheses review)
- Shelton v. State, 251 Ga. App. 34 (Ga. App. 2001) (motive evidence admissibility and character considerations)
- Gonzalez v. State, 277 Ga. App. 362 (Ga. App. 2006) (motive evidence related to drug involvement admissible)
- Renner v. State, 260 Ga. 515 (Ga. 1990) (flight evidence may demonstrate consciousness of guilt)
- Robles v. State, 277 Ga. 415 (Ga. 2003) (duplicate entry to emphasize sufficiency and related standards)
- Price v. State, 303 Ga. App. 589 (Ga. App. 2010) (seriatim notes on evidentiary sufficiency and intent)