Stewart v. State
299 Ga. 622
| Ga. | 2016Background
- On Nov. 16, 2012, occupants of Room 161 at a Gwinnett County motel were robbed; Eric Smith was shot and killed, Khaljil Smith and Sabrina Crary were assaulted. Three defendants — Stewart, Snelson, and Courtney Smith — were tried together; Terry York testified for the State.
- Evidence: motel video, recovered 9mm casings and bullets, a .25 casing in Room 161, and a blue beanie with DNA matching Stewart. Witnesses (victims, York, and Gibens) described a planned armed robbery and the group fleeing with packaged marijuana afterward.
- York and Gibens testified that the group discussed robbing the marijuana dealer; several participants (including Tae and Snelson) were armed. Snelson was seen leaving with a large quantity of marijuana after the shooting.
- Jury acquitted on malice murder but convicted all three appellants of two counts of felony murder (based on aggravated assault and armed robbery), aggravated assaults of Khaljil and Sabrina, and armed robbery.
- Trial court initially sentenced each appellant for both felony murder counts (error); court attempted to “merge” one murder count into the other, but one murder verdict was vacated by operation of law, creating a merger/sentencing issue for the underlying felonies.
- Supreme Court of Georgia affirmed convictions as supported by sufficient evidence, but vacated part of the sentencing and remanded for resentencing on the armed robbery counts (merger error).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault of Sabrina | Victim’s fear from seeing a gun at Khaljil and being pushed supports aggravated assault by deadly weapon | Appellants: no gun was pointed at Sabrina directly, so no aggravated assault | Held: Sufficient — presence/brandishing of deadly weapon created reasonable apprehension (aggravated assault proven) |
| Sufficiency for aggravated assault of Khaljil (Snelson) | Victim’s testimony that he was struck with a firearm supports aggravated assault | Snelson: cross‑examination showed Khaljil said he was only “politely tapped,” undermining assault charge | Held: Sufficient — jury could credit testimony that Khaljil was struck; credibility for jury to resolve |
| Sufficiency of evidence that Snelson and Smith were parties to the crimes | Evidence of planning, travel to victims’ room, carrying guns, flight with marijuana, and sharing proceeds shows aiding/abetting | Defendants: limited or passive actions (e.g., Snelson briefly left) insufficient; mere presence | Held: Sufficient — presence, companionship, and pre/post conduct allowed inference of shared criminal intent; guilty as parties |
| Merger/sentencing error from duplicate felony murder convictions | State accepted trial court’s attempt to merge one murder count into the other | Appellants: initially sentenced for both felony murder counts (error) | Held: Convictions affirmed but sentencing vacated in part — one felony murder was vacated by operation of law, so the trial court must resentence to impose punishment on armed robbery (merger error corrected on remand) |
| Alleged secret deal with State between York and prosecutor (Stewart) | State: no deal existed at time of testimony; plea agreement occurred after trial | Stewart: York had undisclosed incentive to lie | Held: No record support for secret deal; prosecutor and counsel consistently stated no deal existed at trial; cross‑examination addressed motives |
| Ineffective assistance claim for failing to object to victim‑impact argument (Stewart) | Stewart: trial counsel failed to object to improper victim‑impact argument | State: issue not preserved because Stewart’s post‑trial/new counsel failed to raise it at the earliest practicable moment | Held: Not preserved for appeal; claim was not raised in amended motion for new trial or at the hearing, so appellate review denied |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes Jackson standard for sufficiency of evidence)
- Giddens v. State, 299 Ga. 109 (jury resolves credibility and sufficiency under Jackson)
- Powell v. State, 291 Ga. 743 (presence, companionship, and conduct permit inference of party liability)
- Malcom v. State, 263 Ga. 369 (a defendant may be sentenced only on one murder count involving the same victim)
- Cowart v. State, 294 Ga. 333 (one of multiple murder verdicts involving same victim is vacated by operation of law)
- Hill v. State, 281 Ga. 795 (discusses sentencing when choosing which felony‑murder basis to sentence on)
- Smith v. State, 298 Ga. 357 (appellate courts may correct merger/sentencing errors sua sponte)
- Nwakanma v. State, 296 Ga. 493 (prosecutorial disclosure and witness‑deal issues and impeachment)