Sapp v. the State, 337 Ga. App. 14

On December 31, 2012, Charles Sapp and a co-defendant were involved in a knife fight and then left the scene in a van; Sapp rode as a passenger.
A police officer dispatched to the scene saw the van speed away, activated lights and siren, and attempted a traffic stop; the van tried to flee.
The officer observed Sapp exit the van and flee on foot; the officer followed Sapp and gave loud verbal commands to stop, which Sapp ignored.
Sapp ran into a backyard gathering and then ran toward the officer with fists clenched; the officer deployed a taser and arrested him.
Sapp was indicted on multiple charges but was convicted at trial of fleeing or attempting to elude a police officer and one count of obstruction; he appealed the sufficiency of the evidence for the fleeing conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence to convict Sapp (a passenger) of fleeing or attempting to elude a police officer	Sapp: as a passenger he cannot be convicted because he did not drive the vehicle and evidence was insufficient that he fled as part of the pursuit	State: officer saw Sapp exit the vehicle and flee on foot after the officer signaled; Sapp admitted intent to flee, so he was a party to the crime	Court affirmed: evidence sufficed to convict Sapp as a party to fleeing/attempting to elude

Hyman v. State, 222 Ga. App. 419 (statement of appellate review standard)
Taylor v. State, 267 Ga. App. 588 (sufficiency standard for criminal convictions)
Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency of evidence)
Cooper v. State, 281 Ga. App. 882 (passenger who flees after police stop can be charged as a party)
Westmoreland v. State, 287 Ga. 688 (party liability for fleeing/attempting to elude)
Bivens v. State, 166 Ga. App. 380 (passenger liability principles)
Carter v. State, 249 Ga. App. 354 (distinguishable: no evidence passenger fled)