Nosratifard v. State
320 Ga. App. 564
Ga. Ct. App.2013Background
- Nosratifard appeals the trial court’s denial of a new trial after five aggravated-stalking convictions tied to five text messages to Maxie.
- The State proved the five messages were sent after a protective-bond order and during a course of conduct meant to harass and intimidate.
- Maxie testified to threatening, invasive behavior and fear, including prior stalking-like actions and security measures.
- Texts were analyzed as circumstantial evidence linking Nosratifard to the messages, with police tracing most numbers to prepaid devices and a single pay-phone.
- The court held the evidence sufficient under Jackson v. Virginia and that merger of counts was not required under the unit-of-prosecution analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated stalking | Nosratifard argues circumstantial evidence only and other hypotheses remain | State contends the totality supports guilt beyond reasonable doubt | Evidence sufficient under Jackson v. Virginia |
| Whether counts merge for sentencing due to a continuous course of conduct | Counts I–IV (and possibly III–IV) were part of ongoing conduct | Merger not necessarily required; unit of prosecution may differ | No merger required; each count stands as separate violation |
| Proper unit of prosecution under OCGA 16-5-91 (a) | Contacts violated a bond condition; multiple separate violations justify multiple charges | If part of a single course of conduct, merger might apply | Unit of prosecution is the unauthorized contact; separate counts based on distinct contacts |
Key Cases Cited
- Giles v. State, 211 Ga. App. 594 (1993) (circumstantial evidence may support a guilty finding if reasonable hypotheses are excluded by the jury)
- Robbins v. State, 269 Ga. 500 (1998) (jury verdict not disturbed unless guilty verdict is legally insupportable)
- Prather v. State, 293 Ga. App. 312 (2008) (proved facts must exclude every reasonable hypothesis save guilt (circumstantial))
- Louisyr v. State, 307 Ga. App. 724 (2011) (unit of prosecution under aggravated stalking; pattern of violation may support multiple charges)
- Brooks v. State, 313 Ga. App. 789 (2012) (single violation may violate OCGA § 16-5-91(a) if part of harassing behavior)
- Smith v. State, 290 Ga. 768 (2012) (no merger for multiple counts arising from a broader act (example))
- Marlowe v. State, 277 Ga. 383 (2003) (unit of prosecution analysis for course-of-conduct questions)
- Eskew v. State, 309 Ga. App. 44 (2011) (no merger where separate injuries or acts)
- Gonzales v. State, 298 Ga. App. 821 (2009) (merger required for single act with two counts in some contexts)
- Drinkard v. Walker, 281 Ga. 211 (2006) (treatment of multiple charges arising from related conduct)