Nangreave v. State
318 Ga. App. 437
Ga. Ct. App.2012Background
- White and Nangreave were convicted of burglary on April 28, 2009; White received 10 years with 5 to serve in incarceration and 5 on probation, Nangreave 10 years with 330–360 days in a detention center.
- Motions for new trials were denied (White May 12, 2009; Nangreave May 4, 2009); appellants appeal the sufficiency of the circumstantial evidence.
- Evidence showed a witness saw Nangreave in a parked white car and White nearby, with White entering a store window area, taking a bag, and fleeing; the bag contained store merchandise.
- The store had a broken window and disturbed merchandise; recovered bag items matched the store’s missing items; White was found in proximity to the window with the bag.
- Nangreave testified she was the getaway driver and claimed White would return to the car; she described nervousness and claimed police harassment, while White claimed he found the merchandise discarded in the alley.
- The appellate court affirmed both convictions, holding the circumstantial evidence sufficient for a rational trier of fact and that Nangreave could be a party to the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence for White | White argues evidence does not exclude other reasonable hypotheses. | State contends evidence tied White to the burglary beyond reasonable doubt. | Evidence sufficient; jury could find guilt excluded other hypotheses. |
| Nangreave as party to burglary | Nangreave challenges whether she acted as a party to the burglary. | State asserts Nangreave acted as getaway driver and aided the crime. | Nangreave properly convicted as a party to the burglary. |
Key Cases Cited
- Williams v. State, 217 Ga. App. 636 (Ga. App. 1995) (evidence sufficiency standard; view most favorable to verdict)
- Rivera v. State, 293 Ga. App. 215 (Ga. App. 2008) (circumstantial evidence must exclude every reasonable hypothesis)
- Moore v. State, 277 Ga. App. 474 (Ga. App. 2006) (jurors assess credibility; appellate not weighing witness credibility)
- Jackson v. State, 274 Ga. App. 279 (Ga. App. 2005) (getaway driver liability; presence at scene not enough)
- Rolling v. State, 275 Ga. App. 902 (Ga. App. 2005) (reasonableness and witness credibility for juries)
- Buruca v. State, 278 Ga. App. 650 (Ga. App. 2006) (intent may be inferred from conduct; mere presence not enough)