Sapp v. State
290 Ga. 247
| Ga. | 2011Background
- Sapp appeals his convictions for felony murder of Cates, criminal attempt to possess cocaine, and possession of a firearm during a crime.
- Evidence showed Cates’s drug seller Pressley and Sapp’s co-indictee Chance; meeting occurred on a rural road for drug exchange.
- After the exchange, Chance’s pickup truck carried the drugs; Chance retrieved a shotgun and shot Cates through open windows.
- Forensic and ballistic evidence supported a close-range homicide with blood on Cates’s vehicle interior.
- Sapp testified that the shooting was a surprise to him and that he was in the passenger seat; the jury found him guilty of the charged offenses.
- The trial court vacated a separate conviction for criminal attempt to possess cocaine due to merger with felony murder; sentence for firearm and remaining offenses imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports felony murder and underlying felony | Sapp seeks reversal on sufficiency of evidence | State asserts substantial evidence supports the verdict | Sufficient evidence for guilt |
| Whether proximate cause instruction was required | Failure to instruct proximate cause plain error | No clear error given instructions and record limitations | No plain error; instruction adequate |
| Whether merger of felony murder and underlying felony requires vacating one judgment | Convictions merger should vacate duplicate felony murder/underlying felony | Statutory merger accepted; vacatur proper | Vacate separate judgment for criminal attempt to possess cocaine |
| Whether failure to preserve or record jury charge conference affects review | Objection not properly preserved due to missing transcript | Record supports presumed proper conduct | Ordinary presumption of correctness applies |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Kelly v. State, 290 Ga. 29 (Ga. 2011) (plain error standard for jury instructions)
- Parks v. State, 248 Ga. App. 405 (Ga. App. 2001) (objection and preservation principles with jury charges)
- Adams v. State, 234 Ga. App. 696 (Ga. App. 1998) (objections to jury instruction procedures)
- White v. State, 281 Ga. 276 (Ga. 2006) (consideration of jury instructions as a whole)
- Nix v. State, 280 Ga. 141 (Ga. 2006) (merger/dual conviction considerations)