Romero v. State
307 Ga. App. 348
| Ga. Ct. App. | 2010Background
- Romero and Torres were convicted of aggravated assault as parties to a crime after co-defendant Luing could not be located at trial.
- The victim, a convenience-store clerk, was attacked with an iron pipe on August 22, 2008; attackers fled in a car, and surveillance captured the events.
- Police used surveillance video and vehicle tags to identify Romero; a search of a Dalton residence yielded three iron pipes from the back seat.
- Romero identified Torres and Luing as the other two in the attack; all three were charged as parties to the crime.
- The jury found Romero and Torres guilty; they argued the evidence was insufficient to support a verdict and moved for directed verdict, which the trial court denied.
- The appellate court reviews violence trials to determine whether a rational trier of fact could have found guilt beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to convict Romero and Torres as parties to the aggravated assault | Romero and Torres contend presence at the scene is insufficient | State argues circumstantial evidence shows they aided and abetted based on conduct and knowledge | Yes; evidence sufficient to support party-to-crime convictions |
Key Cases Cited
- Reese v. State, 270 Ga.App. 522 (2004) (standard of review for sufficiency on appeal)
- Jackson v. State, 443 U.S. 307 (1979) (reasonable-doubt standard on direct evidence vs. circumstantial)
- Stinson v. State, 294 Ga.App. 184 (2008) (definition of party to a crime and aiding/abetting)
- Buruca v. State, 278 Ga.App. 650 (2006) (circumstantial evidence and how guilt is determined)
- Head v. State, 261 Ga.App. 185 (2003) (presence and conduct as evidence of criminal intent)
- Parnell v. State, 260 Ga.App. 213 (2003) (getaway driver may be guilty of co-defendants' crimes)
- Ratana v. State, 297 Ga.App. 747 (2009) (knowledge of intended crime and shared criminal intent)
- Johnson v. State, 299 Ga.App. 706 (2009) (driving away does not alone prove aiding and abetting)
