Konecny v. State
307 Ga. App. 618
Ga. Ct. App.2011Background
- Konecny shot the victim five times; Slater helped wrap the body and later set a fire, attempting to destroy evidence.
- Slater aided in setting the fire, activated the alarm, provided the deactivation code, and attempted to leave with Konecny in the truck with the body.
- Police recovered the victim's body in the truck and fire authorities extinguished the blaze at the victim's home office.
- Konecny was charged with multiple offenses including arson and possession of a firearm during the commission of an aggravated assault.
- During deliberations, the jury asked if arson, concealing the death, or tampering with evidence were felonies; the court answered, with defense consent, that arson and concealing the death were felonies and tampering with evidence a misdemeanor.
- The jury reached a partial verdict (guilty on counts 6, 9, 10, 11) and, after some deadlock, ultimately acquitted Konecny of aggravated assault and other counts, with a new-trial motion denied on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in responding to the jury's felony question? | Konecny; counsel approved the response. | Konecny; counsel approved, thus no error. | No error; error waived. |
| Is there sufficient evidence to support arson and possession of a firearm during the commission of an aggravated assault? | Konecny; corroboration from Slater and body in truck support arson. | Konecny; evidence insufficient to prove arson/possession. | Convictions supported; accomplice evidence sufficient and predicate acquittal does not negate firearm conviction. |
Key Cases Cited
- Reese v. State, 270 Ga.App. 522 (2004) (standard of review on appeal from criminal conviction; view evidence in light most favorable to the verdict)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard; rational trier of fact could find elements beyond reasonable doubt)
- Milam v. State, 255 Ga. 560 (1986) (abolished rule against inconsistent verdicts)
- Vega v. State, 285 Ga. 32 (2009) (evidence including added fuel supports first-degree arson)
- Williams v. State, 270 Ga.App. 424 (2004) (acquittal on predicate offense does not require reversal of related offense conviction)
- King v. Waters, 278 Ga. 122 (2004) (explanation of related conviction standards)
- Bazansilva v. State, 251 Ga.App. 608 (2001) (accomplice testimony may be corroborated by slight evidence)