Lester v. State
309 Ga. App. 1
| Ga. Ct. App. | 2011Background
- Lester and co-defendant Gordon were tried together; a jury convicted Lester of kidnapping, hijacking a motor vehicle, armed robbery, possession of a firearm during a felony, carrying a concealed weapon, and carrying a weapon on school property.
- The offenses occurred October 26, 2007, when a Georgia State University student was robbed and abducted in the campus parking deck.
- The victim identified Lester as one of the perpetrators; the defendants fled after removing the victim’s belongings and discarding fingerprints.
- During the incident, Lester brandished a rifle and Gordon a handgun; the victim was detained for about two hours.
- At sentencing, the trial court admitted Lester’s prior convictions and imposed a recidivist sentence of life plus ten years.
- Lester challenges the sufficiency of the evidence and the trial court’s discretion in imposing recidivist punishment under OCGA § 17-10-7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Lester argues evidence fails to prove elements. | Lester contends evidence is insufficient to support convictions. | Evidence was sufficient; convictions supported by the victim's testimony. |
| Recidivist sentencing discretion | State contends life is longest penalty for armed robbery and must be imposed. | Lester argues court lacked discretion to impose life over 20 years. | Court properly sentenced as recidivist; life for armed robbery mandatory under statute. |
Key Cases Cited
- Garza v. State, 284 Ga. 696 (2008) (four-factor test for kidnapping asportation; standard applied to this case)
- Singleton v. State, 293 Ga. App. 755 (2008) (recidivist sentencing framework for armed robbery)
- Hall v. State, 292 Ga. App. 544 (2008) (life sentence under recidivist statute; lack of discretion to probate)
- State v. Jones, 253 Ga. App. 630 (2002) (probation/suspension limitations for recidivist sentences)
- Thompson v. State, 265 Ga. App. 696 (2004) (read together OCGA §§ 17-10-7(a) and (c))
- Colbert v. State, 303 Ga. App. 802 (2010) (interpretation of OCGA § 17-10-7 recidivist provisions)
- Johnson v. State, 285 Ga. App. 590 (2007) (recidivist sentencing considerations in Georgia)
- Blevins v. State, 270 Ga. App. 388 (2004) (recidivist sentencing principles)