Hayes v. State
298 Ga. 339
Ga.2016Background
- Hayes was convicted in Cobb County of murder and related offenses arising from a 2007 gang-robbery plot and ensuing shootings.
- Prosecution charged multiple counts, including felony murder predicated on aggravated assault and Street Gang Act violations; several counts were vacated or merged at sentencing.
- Evidence showed Hayes and four co-defendants were associated with a criminal street gang called MPRC 300, with tattoos, symbols, and shared identifiers.
- Hayes’s role included planning, procuring a weapon, and participating in the robbery that led to Brown’s death; co-defendants fired at pursuing victims.
- Nwakanma and Francis previously had their convictions affirmed; this appeal reviews the sufficiency of Hayes’s evidence anew for the remaining counts, under Jackson v. Virginia standard.
- The court held the evidence was sufficient to sustain Hayes’s convictions for the asserted offenses and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MPRC 300 a criminal street gang? | Hayes contends no evidence of ongoing gang activity. | State shows ongoing gang activity through conspiracy and symbols. | Yes; MPRC 300 is a criminal street gang. |
| Was there sufficient evidence of felony murder and aggravated assaults? | No proof targets placed victims in reasonable apprehension. | Attempts to commit violent injury suffice; executions support guilt. | Yes; evidence supports felony murder and aggravated assaults. |
| Did accomplices’ actions create reasonable apprehension of violence for the victims? | No requisite awareness by victims. | Awaited injuries can be shown by intent and firing. | Yes; shootings support the charged crimes. |
| Did conspiracy to commit armed robbery establish gang activity nexus? | Conspiracy evidences gang activity. | Conspiracy tied to ongoing gang purposes. | Yes; nexus established by gang activity evidence. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal conviction reviewed on appeal)
- Rodriguez v. State, 284 Ga. 803 (Ga. 2009) (criminal gang activity broader than enumerated offenses)
- Nwakanma v. State, 296 Ga. 493 (Ga. 2015) (Street Gang Act precedent used for Hayes’s conviction)
- Taylor v. State, 331 Ga. App. 577 (Ga. App. 2015) (gang activity evidence supports criminal gang finding)
- Brinson v. State, 272 Ga. 345 (Ga. 2000) (simple assault concept applied to aggravated assault analysis)
- Love v. State, 268 Ga. 484 (Ga. 1997) (intent to commit violent injury shown by firing at victims)
- Smith v. State, 279 Ga. 423 (Ga. 2005) (awareness of victim not always essential in attempted assaults)
- Zamudio v. State, 332 Ga. App. 37 (Ga. App. 2015) (evidence of gang activity supports conviction)