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