Patterson v. the State
332 Ga. App. 221
Ga. Ct. App.2015Background
- Patterson was convicted after a jury trial and appeals denial focused on Count 4 and requested lesser included offenses.
- Nov. 1, 2011 Patterson’s van pinned Silvers against a mobile home after an argument with Bartley and Silvers present.
- Silvers claimed the incident was an accident; a detainee alleged Patterson stated he hit Silvers intentionally; Bartley and Silvers told responding officer it was intentional.
- Count 4 charged aggravated assault with an object (the van) causing reasonable apprehension of injury and likely serious bodily injury; the indictment also defined the form of simple assault involved.
- Patterson requested jury charges on simple assault, reckless conduct, and reckless driving as lesser included offenses; the court denied.
- Jury found Patterson guilty on Count 4 and simple assault on Counts 1-2, not guilty on Count 3, not guilty on Count 5, and guilty on Count 7; Counts 1 and 2 merged with Count 4 for sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in refusing simple assault as a lesser included offense for Count 4 | Patterson contends evidence supported a lesser form of intent | State argues undisputed evidence shows Count 4 with aggravator; simple assault not warranted | No error; only greater offense supported; no lesser charge required |
| Whether the court erred in refusing reckless conduct as a lesser included offense for Count 4 | Evidence showed a less culpable mental state than aggravated assault | Count 4, placing in reasonable apprehension, does not permit reckless conduct | No error; reckless conduct not warranted |
| Whether the court erred in refusing reckless driving as a lesser included offense for Count 4 | Evidence suggested a less culpable mental state could apply | Count 4 requires general intent to drive the van, not negligence | No error; reckless driving not warranted |
Key Cases Cited
- Dickerson v. State, 207 Ga. App. 241 (1993) (simple assault as lesser included offense when applicable)
- Edwards v. State, 264 Ga. 131 (1994) (test for jury instruction on lesser included offenses)
- Mobley v. State, 279 Ga. App. 476 (2006) (standard for giving lesser included offense charges)
- Davis v. State, 308 Ga. App. 7 (2011) (no error in denying simple assault where evidence shows aggravated assault with weapon)
- Cordis v. State, 236 Ga. App. 629 (1999) (disputed weapon issue can justify simple assault lesser offense denial)
- Craft v. State, 309 Ga. App. 698 (2011) (reckless conduct not warranted when aggravated assault proven by restraint of injury)
- Smith v. State, 280 Ga. 490 (2006) (form of simple assault and intent standards for review)