Puckett v. the State
342 Ga. App. 518
| Ga. Ct. App. | 2017Background
- On April 2–3, 2015, two armed robberies, two false imprisonments, one kidnapping, and a theft of a motor vehicle occurred at a Gwinnett County Red Roof Inn; participants included Mary Puckett (appellant), Andy Ulysse, Kayla Folds, Teddy Williams, and Cornelius Cupsa.
- First robbery: Joshua Smith was struck, threatened, forced to drive to his apartment, and money and items were taken; Puckett had obtained bullets for Ulysse, waited outside as a lookout, followed in a car, and later picked Ulysse up.
- Second robbery: Duane Gardner was robbed in Room 232; Puckett acted as a lookout in a car, received a room key from Folds to give to Ulysse/Williams, drove away in Gardner’s car using stolen keys, and abandoned the car after a gunshot.
- Police later detained Puckett and Ulysse at a Chevron; officers recovered a sweatshirt, hat, a loaded handgun, and Gardner’s keys nearby; surveillance and dashcam recordings captured Puckett’s movements and behavior.
- Puckett claimed ignorance of the robberies and asserted coercion/Battered Person Syndrome (BPS) as a defense; trial court instructed jury on coercion.
- Jury convicted Puckett of kidnapping, felony theft by taking a motor vehicle, two counts of armed robbery, and two counts of false imprisonment; sentenced to 30 years, serve 12. Puckett appealed, raising sufficiency of evidence, felony valuation for theft, and ineffective assistance for not presenting a BPS expert.
Issues
| Issue | Puckett's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for armed robbery and false imprisonment | Puckett says mere presence at scene and lack of proof she was in room or planned crimes is insufficient to convict as a party | Circumstantial evidence (getting bullets, lookout, driving stolen car, receipts of proceeds, flight, concealment) shows aid/abet before, during, after | Affirmed: evidence sufficient to convict as party to armed robbery and false imprisonment |
| Sufficiency of evidence for kidnapping and theft | Puckett did not specifically contest value or kidnapping on appeal | State points to forced removal of Smith and Puckett’s driving/possession of stolen car keys | Court finds evidence sufficient to support kidnapping and felony theft convictions |
| Ineffective assistance for not calling BPS expert | Counsel failed to present BPS expert or seek funds; would have shown coercion and prejudice | No proffer of what expert would have testified; no showing expert testimony would be relevant/favorable or that prejudice resulted | Denied: appellate failed to demonstrate prejudice required by Strickland; no proffered expert testimony |
| Felony classification for motor vehicle theft (value over $1,500) | Puckett argues State didn’t prove fair market value > $1,500 | Victim testified he wouldn’t sell the 2002 Honda for less than $1,500, described condition; photos and surveillance introduced | Affirmed: circumstantial evidence and victim’s testimony supported jury finding value exceeded $1,500 |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Rankin v. State, 278 Ga. 704 (Georgia view-evidence-in-light-most-favorable rule)
- Huntley v. State, 331 Ga. App. 42 (party-to-a-crime and inference of intent from conduct)
- Wilson v. State, 304 Ga. App. 743 (victim testimony on age/condition can support value inference for theft)
- Smith v. State, 247 Ga. 612 (BPS expert proffer at trial)
- Pickle v. State, 280 Ga. App. 821 (BPS expert proffer to explain cycle of violence)
- McLaughlin v. State, 338 Ga. App. 1 (proffered expert testimony at motion for new trial showing BPS and its effect)