304 Ga. 895
Ga.2019Background
- On May 1, 2012, Hernandez met Jacqueline Ramon and B.M. in DeKalb County; events began in DeKalb and ended with Ramon shot and her body left at her DeKalb County apartment complex.
- During a car ride on I-85 South, Hernandez threatened both women, forced sexual acts, and shot Ramon in the head; Ramon’s body was discovered in DeKalb County the next morning.
- B.M. was abducted, raped at gunpoint, taken to Chicago, and later rescued; she provided inconsistent statements about the precise interstate location of the shooting.
- Hernandez was indicted in DeKalb County for malice murder, multiple felony counts, kidnapping, aggravated assault, and rape; convicted by a jury and sentenced to multiple life and term sentences.
- On appeal Hernandez raised only venue, arguing the evidence showed the shooting occurred on I-75 near Exit 227 (outside DeKalb), so venue properly lay in another county.
- The Court reviewed sufficiency of the evidence for murder (as customary) and addressed whether venue in DeKalb County was established beyond a reasonable doubt given B.M.’s uncertainty and the fact Ramon’s body was found in DeKalb.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was properly laid in DeKalb County | State: venue may be in county where body was found if county of infliction not readily determinable | Hernandez: evidence (B.M.’s references to exit numbers) affirmatively shows shooting occurred outside DeKalb (I‑75 near Exit 227), so venue only in Henry/Clayton | Affirmed: jury could find county of infliction not readily determinable; because body found in DeKalb §17‑2‑2(c) permits venue there |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
- Jones v. State, 301 Ga. 1 (venue is jurisdictional fact the State must prove beyond a reasonable doubt)
- Crawford v. State, 297 Ga. 680 (determination of venue is for the jury)
- Coleman v. State, 301 Ga. 753 (venue rules regarding county of death and discovery)
- Shelton v. Lee, 299 Ga. 350 (venue and county-of-death principles)
- Chapman v. State, 275 Ga. 314 (if county of infliction not readily determinable, venue may be in county where body found)
- Cook v. State, 273 Ga. 828 (weight and credibility of location statements for venue are jury questions)
- Martin v. McLaughlin, 298 Ga. 44 (standard for sufficiency of venue evidence analogous to sufficiency of guilt)
- Hulett v. State, 296 Ga. 49 (merger and sentencing principles referenced for post-trial resentencing)