Perez v. State
303 Ga. 188
Ga.2018Background
- Defendant Emmanuel Perez shot and killed Armando Montez after confronting him about an alleged affair with Perez’s wife; Perez repeatedly threatened the victim and admitted the shooting, citing jealousy.
- Facts showing prior threats: Perez stored the victim’s name in his phone as “the dead man,” told a tire-shop employee he was going to kill the victim, and told his wife (on speaker) “you know why I’m here and what I’m going to do” immediately before the shooting.
- Perez surrendered shortly after the killing, received Miranda warnings, and explained he shot the victim out of jealousy; physical evidence showed multiple gunshot wounds including a head wound.
- Procedural posture: Perez was convicted by a Chatham County jury of malice murder and related counts, sentenced to life plus five years; he appealed challenging admission of a hearsay statement by the victim to his wife that Perez had threatened to kill him.
- Trial court admitted the victim’s out-of-court statement under OCGA § 24-8-807; the Georgia Supreme Court reviewed whether any error was harmless in light of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of deceased victim’s out-of-court statement (OCGA § 24-8-807) | State: admission was proper under the residual hearsay exception | Perez: statement was inadmissible hearsay that improperly bolstered intent and guilt | Court assumed possible error but held any error harmless given overwhelming evidence of guilt |
| Sufficiency of the evidence | State: evidence supports convictions | Perez: did not challenge sufficiency on appeal | Court independently reviewed under Jackson v. Virginia standard and found evidence sufficient |
Key Cases Cited
- Williams v. State, [citation="302 Ga. 147"] (2017) (harmless-error analysis for evidentiary rulings under Georgia Evidence Code)
- Jackson v. Virginia, [citation="443 U.S. 307"] (1979) (standard for sufficiency of the evidence review)
- Lance v. State, [citation="275 Ga. 11"] (2001) (erroneous admission of hearsay may be harmless where properly admitted evidence supports same issue)