Peralta v. State
312 Ga. App. 414
Ga. Ct. App.2011Background
- Peralta was convicted by jury of one count of kidnapping and appeals the denial of his motion for new trial.
- The kidnapping involved Cardoza being abducted from an apartment, then moved from the living room to a back bedroom where she was held with a gun present.
- Peralta and co-defendant Delgiudice were involved; Delgiudice supervised Cardoza in a bathroom and another man applied a hot iron, creating danger.
- Cardoza was later identified by police; Peralta was encountered fleeing and was later found with others still at the scene.
- Fingerprints of Peralta were found on an air vent cover in a bedroom closet.
- The court held Garza v. State governs asportation considerations and reaffirmed the sufficiency of evidence for kidnapping; trial counsel’s failure to request a jury instruction on false imprisonment is not reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnapping | Peralta argues evidence fails Garza factors. | State contends movement to bedroom supported asportation. | Evidence sufficient; movement completed after assault and increased danger. |
| Ineffective assistance for not instructing on false imprisonment | Peralta claims lack of lesser-included charge undermines verdict. | State argues sufficiency of kidnapping renders issue moot. | No error; Garza sufficiency supports kidnapping verdict. |
Key Cases Cited
- Garza v. State, 284 Ga. 696, 670 S.E.2d 73 (2008) (four-factor test for asportation in kidnapping)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1980) (sufficiency review standard for convicting proof)
- Al-Amin v. State, 278 Ga. 74, 597 S.E.2d 332 (2004) (presumption of innocence not applicable on appeal)
- Delgiudice v. State, 308 Ga.App. 397, 707 S.E.2d 603 (2011) (related factual backdrop and jury deliberations)
- Bryant v. State, 304 Ga.App. 755, 697 S.E.2d 860 (2010) (asportation when moving victim from open area)
- Williams v. State, 307 Ga.App. 675, 705 S.E.2d 906 (2011) (asportation not inherent part of assault in some contexts)
- Dixon v. State, 303 Ga.App. 517, 693 S.E.2d 900 (2010) (asportation sufficient when movement precedes serious harm)
- Hall v. State, 308 Ga.App. 858, 709 S.E.2d 348 (2011) (false imprisonment instruction analysis)