Strapp v. State
326 Ga. App. 264
| Ga. Ct. App. | 2014Background
- Defendant Winston Strapp, while lawfully confined in Douglas County jail, engaged in a physical altercation with a corrections officer after a prior verbal dispute over bunk assignment.
- Witnesses testified Strapp grabbed the officer’s arm, got on top of him, and placed the officer in a chokehold (by arms or legs); Strapp denied choking but admitted being on top of the officer.
- A jury convicted Strapp of riot in a penal institution (OCGA § 16-10-56); he was sentenced to 20 years and his motion for new trial was denied.
- On appeal Strapp raised: (1) sufficiency of the evidence and a claimed variance between the indictment (chokehold by arms) and proof (chokehold by legs), (2) trial court’s refusal to charge on lesser offenses (simple battery, misdemeanor obstruction) and justification, and (3) the trial court’s alleged failure to consider his post-trial request to weigh witness credibility (general grounds).
- The trial court construed Strapp’s post-trial arguments primarily as sufficiency challenges; the appellate court reviewed whether the trial court erred and whether any induced error precluded relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for riot in a penal institution | Strapp: evidence was insufficient and contradicted by video and witnesses | State: evidence (grabbing, getting on top, chokehold) proved violent/tumultuous acts while confined | Affirmed: evidence sufficient for riot conviction |
| Fatal variance between indictment (arm chokehold) and proof (leg chokehold) | Strapp: indictment alleged arms but proof showed legs, creating fatal variance | State: some evidence supported arm chokehold; even if variance existed, manner allegation was surplusage and indictment apprised defendant | Affirmed: no fatal variance; or not fatal because sufficiently apprised and surplusage |
| Requested charge on simple battery as lesser included offense | Strapp: jury should have been instructed on simple battery | State: simple battery is not legally included in riot in a penal institution | Affirmed: no error—simple battery not a lesser-included of riot as matter of law |
| Requested charge on misdemeanor obstruction | Strapp: jury should have been instructed on misdemeanor obstruction | State: statute excludes violence; evidence showed violent conduct, not nonviolent obstruction | Affirmed: no error—evidence supported violent offense, not misdemeanor obstruction |
| Requested charge on justification (self-defense) | Strapp: claimed he was restraining officer and acted in defense | State: Strapp did not admit the elements of the charged crime (use of violence) necessary to obtain justification instruction | Affirmed: no error—defendant not entitled to justification instruction |
| Trial court’s handling of post-trial request to weigh credibility (general grounds) | Strapp: trial court ignored request to weigh witness credibility and weight of evidence | State: defense phrased arguments as sufficiency/variance; any failure to consider general grounds was induced by defense conduct | Affirmed: no error—court treated motion as sufficiency challenge; defendant induced any omission |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- Quiroz v. State, 291 Ga. App. 423 (specific-manner allegations in indictment and fatal variance analysis)
- Givens v. State, 184 Ga. App. 498 (lesser-included offense analysis and limits on charging alternatives)
- White v. State, 293 Ga. 523 (trial judge’s duty when ruling on general grounds/new trial and weighing credibility)
- Walker v. State, 292 Ga. 262 (trial court as thirteenth juror; general-grounds framework)