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Stills v. State
327 Ga. App. 767
Ga. Ct. App.
2014
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Background

  • Stills appeals his convictions for conspiracy to commit armed robbery, armed robbery, attempted armed robbery, aggravated assault, and possession of a firearm during the commission of a felony, challenging sufficiency of the evidence.
  • The indictment named the victim as Franco Bernardo, but the surname/order was a misnomer; the court treated it as nonfatal variance where applicable.
  • A group of five men assaulted the victims at a mobile home park; two assailants were armed, wore ski masks, and demanded money with multiple victims struck.
  • Three co-defendants testified that a group of five, including Stills, planned and carried out the robbery; one co-defendant testified Stills wore a black ski mask.
  • Police found a black ski mask and a small-caliber handgun holster at Stills’s residence, and other ski masks and a handgun were found at co-defendant residences.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Variance between indictment and proof Stills argues misnamed victim creates fatal variance. Stills contends variance invalidates related convictions. Not fatal; names referred to same person; variance harmless
Sufficiency with accomplice testimony Uncorroborated accomplice testimony alone insufficient. Slight corroboration suffices and multiple accomplices may corroborate each other. Evidence sufficient; co-defendants and physical evidence corroborate

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence)
  • Miller v. State, 273 Ga. 831 (Ga. 2001) (jury resolves conflicts; any competent evidence supports verdict)
  • Bostic v. State, 294 Ga. 845 (Ga. 2014) (misnomer variance not fatal when refer to same individual)
  • Thompson v. State, 320 Ga. App. 150 (Ga. Ct. App. 2013) (slight corroboration suffices; multiple accomplices may corroborate)
  • Powell v. State, 291 Ga. 743 (Ga. 2012) (mootness when certain convictions merged)
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Case Details

Case Name: Stills v. State
Court Name: Court of Appeals of Georgia
Date Published: Jun 25, 2014
Citation: 327 Ga. App. 767
Docket Number: A14A0673
Court Abbreviation: Ga. Ct. App.