Louisyr v. State
307 Ga. App. 724
| Ga. Ct. App. | 2011Background
- Louisyr was convicted by a jury of two counts of aggravated stalking under OCGA § 16-5-91 based on conduct in Georgia following a protective order.
- Mompremier had obtained a Florida protective order prohibiting contact and proximity; the order awarded custody to her and reserved visitation issues for Florida court.
- Lucot, a family friend, urged Mompremier to relocate to Georgia and arranged transportation with Louisyr’s knowledge that contact would violate the protective order.
- Louisyr reserved a hotel room in his name, travelled to Gwinnett County with two cousins, and went to the hotel where Mompremier and her daughters were staying.
- Louisyr attempted to enter the hotel room using a key after arriving at the hotel; he was arrested for violating the protective order when this occurred.
- The trial court denied Louisyr’s motion for a new trial and he appealed challenging sufficiency of the evidence and whether the convictions should merge for sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence of a pattern of harassing conduct | Louisyr argues Burke requires a pattern of harassment; a single act is insufficient | State contends the acts here form a pattern of harassing and intimidating conduct | No error; evidence showed a pattern culminating in an order violation |
| Whether the two aggravated stalking convictions merge for sentencing | Louisyr contends both counts were based on the same conduct (going to the hotel) | State argues following and contacting are separate elements and do not merge | Convictions did not merge; separate completed acts supported two counts |
Key Cases Cited
- Burke v. State, 297 Ga.App. 38, 676 S.E.2d 766 (2009) (Ga. App. 2009) (pattern requirement for harassing and intimidating conduct)
- Daker v. Williams, 279 Ga. 782, 621 S.E.2d 449 (2005) (Ga. 2005) (course of conduct defined as pattern of behavior)
- Thomas v. State, 276 Ga.App. 79, 622 S.E.2d 421 (2005) (Ga. App. 2005) (allowing consideration of prior history and conduct factors)
- Johnson v. State, 260 Ga.App. 413, 579 S.E.2d 809 (2003) (Ga. App. 2003) (statutory pattern/harassment considerations)
- Owen v. Watts, 307 Ga.App. 493, 705 S.E.2d 852 (2010) (Ga. App. 2010) (evidence credibility and witness testimony weights)
- Harvill v. State, 296 Ga.App. 453, 674 S.E.2d 659 (2009) (Ga. App. 2009) (jury fact-finding on credibility and motive)
- Medlin v. State, 285 Ga.App. 709, 647 S.E.2d 392 (2007) (Ga. App. 2007) (jury may assess defendant credibility to support guilt)
- McKenzie v. State, 302 Ga.App. 538, 691 S.E.2d 352 (2010) (Ga. App. 2010) (merger analysis when same conduct supports multiple offenses)
- Chalifoux v. State, 302 Ga.App. 119, 690 S.E.2d 262 (2010) (Ga. App. 2010) (key question: are offenses proven by same facts?)
- Collins v. State, 277 Ga.App. 381, 626 S.E.2d 513 (2006) (Ga. App. 2006) (general merger principle for multiple punishments)