Onumah v. State
313 Ga. App. 269
| Ga. Ct. App. | 2011Background
- Onumah was convicted by a jury of six armed robbery, six aggravated assault, six kidnapping, six false imprisonment, one obstruction of an officer, and one marijuana possession count.
- The trial court merged the aggravated assault convictions with armed robbery and sentenced Onumah to life with parole on each armed robbery count, plus other concurrent terms.
- Onumah timely appealed following denial of a amended motion for new trial.
- Appellant challenges life sentencing under OCGA § 17-10-7(a); this issue has been decided adversely to him.
- Appellant argues kidnapping convictions are unsupported by asportation evidence and that his identity as a participant is insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether life sentences for armed robbery under OCGA § 17-10-7(a) were proper | Onumah argues sentencing error under § 17-10-7(a). | Onumah relies on his own interpretation of the statute. | Courts have already rejected this argument; sentencing upheld. |
| Whether asportation evidence suffices for kidnapping conviction | Asportation was insufficient per Garza factors. | Movement enhanced control and endangered victims; Garza standards satisfied. | Evidence was sufficient to support kidnapping convictions. |
| Whether there is sufficient circumstantial evidence to convict as an initiator | Circumstantial identity evidence may support guilt beyond reasonable doubt. | The circumstantial evidence fails to prove Onumah was a perpetrator. | Evidence was sufficient under Jackson v. Virginia; no reversal. |
Key Cases Cited
- Garza v. State, 284 Ga. 696 (2008) (four-factor Garza test for asportation in kidnapping)
- Henderson v. State, 285 Ga. 240 (2009) (asportation may satisfy Garza even when movement is minor)
- Tate v. State, 287 Ga. 364 (2010) (movement may create additional danger and not be inherent to the offense)
- Williams v. State, 304 Ga. App. 787 (2010) (movement of victims into same area can negate isolation claim)
- Mays v. State, 198 Ga. App. 402 (1991) (circumstantial evidence can support guilt beyond reasonable doubt)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence in criminal cases)