Parson v. State
309 Ga. App. 845
| Ga. Ct. App. | 2011Background
- Parson and Mary Brendle had an eight-year volatile relationship and two children together.
- November 25, 2006: Brendle saw Parson at a convenience store; he entered Brendle's car and demanded she drive him to an apartment complex.
- Parson took Brendle's car keys, entered an apartment, retrieved clothes, and then returned to the car, refusing to leave.
- Parson punched Brendle in the eye, pulled her back into the car, ripped her shirt, and threatened her after she planned to drive to her mother's house.
- Brendle later reported the incident to police; a hospital visit followed, where Brendle described the assault, and Parson later physically restrained and assaulted her outside the hospital; the next day they were involved in a police stop and Brendle reported further injuries.
- The State charged Parson with aggravated assault, false imprisonment, and two counts of family violence battery; the jury convicted Parson of two counts of family violence battery and false imprisonment, but acquitted aggravated assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for family violence battery | Parson | Parson | Evidence supports convictions |
| Sufficiency of evidence for false imprisonment | Parson | Parson | Evidence supports conviction |
| Fatal variance between indictment and proof | Parson | Parson | No fatal variance; proof met indictment |
Key Cases Cited
- Gilbert v. State, 278 Ga.App. 765, 629 S.E.2d 587 (Ga. Ct. App. 2006) (sufficiency of evidence standard for battery between co-parents)
- Rehberger v. State, 235 Ga.App. 827, 510 S.E.2d 594 (Ga. Ct. App. 1998) (brief detention suffices for false imprisonment)
- Reynolds v. State, 231 Ga. App. 33, 497 S.E.2d 580 (Ga. Ct. App. 1998) (jury may convict on grabbing and detaining the victim)
- Bryant v. State, 226 Ga. App. 135, 486 S.E.2d 374 (Ga. Ct. App. 1997) (evidence of hitting victim supports battery conviction)