State v. Sawyer
327 Ga. App. 43
Ga. Ct. App.2014Background
- Sawyer was convicted after a jury trial of involuntary manslaughter as a lesser included offense of felony murder, aggravated assault, and possession of a firearm during the commission of a felony.
- The trial court later set aside the aggravated assault conviction, finding it mutually exclusive with involuntary manslaughter, and the State appealed.
- Factual timeline: January 12, 2009, Sawyer rode in a car with several students; he pulled a gun, spoke with the victim, and shot him in the head less than a minute later; the victim died two days later.
- Sawyer initially admitted guilt when asked by a deputy who shot the victim: 'I did.'
- Indictment charged aggravated assault based on shooting the victim with a deadly weapon; verdict form did not specify the subsection used.
- The jury was charged primarily on OCGA § 16-5-20(a)(2); the court recharged the jury to consider felony murder or involuntary manslaughter first, then aggravated assault separately; the question of mutual exclusivity arose on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdicts were mutually exclusive | Sawyer; the verdicts were mutually exclusive./ | Sawyer; the jury could find both with the proper instructions. | No mutual exclusivity; reversal of the setting-aside for aggravated assault. |
| Whether the jury was properly instructed on aggravated assault | State contends instructions were adequate to support guilt. | Sawyer argues the jury could have based aggravated assault on a theory requiring specific intent or on a lesser-included principle. | Trial court instructions limited to a theory not requiring specific intent; no mutual exclusivity risk found. |
| Whether the evidence supported aggravated assault as charged | State contends the evidence supports aggravated assault based on placing victim in fear. | Sawyer contends lack of specific intent negates the verdict as mutually exclusive. | Evidence supported aggravated assault under the charged theory; mutual exclusivity not shown. |
Key Cases Cited
- Flores v. State, 277 Ga. 780 (2004) (mutually exclusive verdict framework)
- Dryden v. State, 285 Ga. 281 (2009) (intent vs. negligence in aggravated assault)
- Jackson v. State, 276 Ga. 408 (2003) (proof of criminal intent essential for §16-5-20(a)(1))
- Allaben v. State, 294 Ga. 315 (2013) (mutual exclusivity analysis framework)
- Walker v. State, 293 Ga. 709 (2013) (mutual exclusivity and remedy principles)
- Drake v. State, 288 Ga. 131 (2010) (instructions and jury guidance principles)