McIntyre v. State
312 Ga. 531
Ga.2021Background
- On August 22, 2014, Austin McIntyre and Deanthony Davenport planned to rob Willie Thomas; they cased Thomas’s residence and returned later that evening.
- McIntyre visited Derrick Britt and obtained a gun (Britt had been granted use immunity and testified). McIntyre gave the gun to Davenport.
- Davenport fired through Thomas’s front-door glass, striking and killing Thomas; ballistics matched the Glock recovered from Britt’s home.
- Davenport confessed to a cousin that he went to rob Thomas with McIntyre and a third person; after the shooting Davenport and McIntyre returned the gun to Britt and fled.
- A Tift County grand jury indicted McIntyre on malice murder, felony murder (predicated on criminal attempt to commit armed robbery), attempt to commit armed robbery, conspiracy to commit armed robbery, and possession of a firearm during a felony; at trial McIntyre was acquitted of malice murder and the weapons charge but convicted of felony murder and conspiracy.
- McIntyre was sentenced to life with parole possible (felony murder) and 15 years concurrent (conspiracy); he appealed, raising sufficiency, failure to charge voluntary manslaughter, and ineffective assistance for failure to move to sever.
Issues
| Issue | Plaintiff's Argument (McIntyre) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder and conspiracy | Evidence was insufficient to prove agreement, substantial step, or causation | Evidence showed planning, gun procurement, presence at scene, flight, confessions, and causation by a killing during the attempted armed robbery | Affirmed; evidence sufficient for felony murder and conspiracy |
| Failure to charge voluntary manslaughter | Trial court should have given the voluntary manslaughter charge (Davenport requested it) | McIntyre did not request or object; evidence did not show provocation sufficient for voluntary manslaughter; review limited to plain error | No plain error; no reversible error in failing to give the charge |
| Ineffective assistance for not moving to sever | Trial counsel was ineffective for not seeking severance so McIntyre could be tried alone | Claim was not preserved: new counsel at new-trial hearing did not raise it, nor was it raised in amended motion for new trial | Claim waived for appellate review; not preserved |
| Sufficiency as to criminal attempt count (merged) | Attempt conviction insufficient | Attempt merged into felony murder for sentencing | Moot as to sufficiency because that count merged into felony murder for sentencing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes constitutional standard for sufficiency review)
- Davenport v. State, 859 S.E.2d 52 (Ga. 2021) (recited trial evidence and sufficiency for co-defendant)
- Parks v. State, 304 Ga. 313 (2018) (intent may be inferred from presence, companionship, and conduct)
- Jones v. State, 292 Ga. 656 (2013) (criminal intent is for the jury; may be inferred from conduct before/during/after crime)
- Lofton v. State, 309 Ga. 349 (2020) (a shooting is a foreseeable consequence of an armed robbery for felony-murder liability)
- Lupoe v. State, 284 Ga. 576 (2008) (insufficiency claims for convictions merged into others are moot)
- Williams v. State, 302 Ga. 147 (2017) (jury-charge issues not preserved are reviewed for plain error)
- Glenn v. State, 302 Ga. 276 (2017) (ineffective-assistance claims must be raised at earliest practicable opportunity to preserve)