Lee v. State
320 Ga. App. 573
Ga. Ct. App.2013Background
- Lee stole a minivan from an Austell residence late March 1, 2008; police described it as a silver Town and Country with a breast cancer plate.
- Lee was discovered driving the stolen minivan the next day and led a high-speed chase with Douglas County officers.
- The pursuit reached speeds of 70–104 mph and involved driving in the middle of the road, passing cars, and colliding with Carter’s car, forcing it off the road.
- Lee abandoned the minivan after crashing onto a curb and fled on foot, later being apprehended.
- Witnesses Carter and his son testified to being frightened by Lee’s actions; a video of the chase and similar-transaction evidence of prior chases were admitted.
- Lee was convicted of two counts of aggravated assault and one count each of theft by receiving stolen property, fleeing/eluding, obstruction, failure to stop, and reckless driving; he was sentenced as a recidivist based on certified copies of prior felonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Carter aggravated assault | Lee argues no intent to injure; only accidental contact. | State need not prove intent to injure where vehicle is a deadly weapon. | Sufficient evidence; minivan as deadly weapon; intended act placed Carter in reasonable fear of injury. |
| Sufficiency of evidence for Davis aggravated assault | Davis was unaware of minivan until after impact. | Evidence shows intentional steering into Carter’s car, causing fear. | Sufficient evidence that Davis feared bodily injury; circumstantial evidence supported verdict. |
| Sufficiency of evidence for theft by receiving | State failed to prove Lee knew minivan was stolen. | Posession of recently stolen property plus flight supports guilty knowledge. | Sufficient evidence that Lee knew or should have known property was stolen. |
| Trial court’s refusal to give accident instruction | Lee requested accident defense. | Accident defense requires lack of criminal intent; record shows scheme to elude. | No abuse of discretion; instruction properly refused. |
| Recidivist sentencing valid | Only two prior felonies shown; recidivist status improperly applied. | State introduced four prior felonies; recidivist statute satisfied. | Valid recidivist sentence based on four prior felonies (one fleeing, three cocaine). |
Key Cases Cited
- Ferguson v. State, 307 Ga. App. 232 (2010) (standard for sufficiency of evidence; weighing of witnesses is jury function)
- Bishop v. State, 266 Ga. App. 129 (2004) (aggravated assault without intent to injure when appropriate)
- Smith v. State, 280 Ga. 490 (2006) (intent to injure not required where act places victim in apprehension of injury)
- Davis v. State, 269 Ga. 276 (1998) (accident defense burden on defendant; not warranted here)
- Williams v. State, 299 Ga. App. 345 (2009) (whether fear of injury is established is a factual question)
- Reedman v. State, 265 Ga. App. 162 (2003) (circumstantial evidence may support knowledge in theft by receiving)
- Moseley v. State, 225 Ga. App. 700 (1997) (possession plus flight and abandonment supports knowledge of theft)
- Parks v. State, 304 Ga. App. 175 (2010) (instruction on accident not warranted when deliberate use of deadly weapon.”)