TAYLOR v. the STATE.
809 S.E.2d 76
| Ga. Ct. App. | 2017Background
- On Oct. 8, 2014, Taylor and three accomplices went to a College Park apartment; a female accomplice knocked, then the front door was rammed open and three men entered while one pointed a handgun at the resident.
- The intruders bound and moved the victim through the apartment, forced her to disable the alarm, ransacked the unit, took numerous items (TV, laptop, credit cards, jewelry, clothing), and left in a white Nissan Altima registered to Taylor’s ex-girlfriend.
- The victim identified Taylor (nicknamed “Ant”) in a photo lineup and in court as the man who held the gun; surveillance video and witnesses tied the white car to Taylor; stolen items and victim’s IDs were found in Taylor’s apartment.
- Taylor admitted in custodial interrogation that he entered the apartment, had a gun, intended to burglarize, and stole items; he used the email address involved in fraudulent charges made on the victim’s cards.
- Taylor was convicted by a jury of multiple counts including conspiracy to commit burglary, two counts first-degree burglary, criminal damage to property in the first degree, battery, home invasion, armed robbery, aggravated assault (and with intent to rob), kidnapping, false imprisonment, and four counts possession of a weapon during the commission of a crime.
- Trial court denied Taylor’s motion for new trial (general grounds); Taylor appealed claiming insufficiency of evidence on multiple counts, weight-of-evidence error (thirteenth juror), and an erroneous jury instruction on possession of a weapon.
Issues
| Issue | Taylor's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of identity/participation for multiple convictions | Evidence did not prove Taylor’s role in the crimes | Victim ID, witness testimony, surveillance, recovered property, and Taylor’s confession establish identity and acts | Affirmed: evidence sufficient |
| Sufficiency for burglary/conspiracy | No proof Taylor entered with felony intent or agreed to conspire | Victim ID, admission of entry and intent, coordinated acts (driver, entry, ransacking) support burglary and tacit conspiracy | Affirmed: sufficient evidence for burglary and conspiracy |
| Sufficiency for criminal damage (1st degree) and battery | Breaking door did not necessarily endanger life or cause visible harm | Door was rammed, struck victim causing head swelling; conduct endangered life and caused visible bodily harm | Affirmed: convictions supported |
| Possession of a weapon during crimes / jury instruction | Jury was misinstructed by use of "firearm" rather than "weapon" and no objection at trial | Indictment and evidence alleged and showed only a firearm; instruction tracked indictment and evidence | Affirmed: no plain error; instruction proper |
Key Cases Cited
- Batten v. State, 295 Ga. 442 (established standard that on appeal evidence is viewed in light most favorable to verdict)
- Thornton v. State, 331 Ga. App. 191 (tacit agreement for conspiracy may be inferred from circumstantial evidence)
- Carter v. State, 212 Ga. App. 139 (criminal damage in the first degree protects against interference with property that endangers human life)
- Carthern v. State, 272 Ga. 378 (construction of "in a manner so as to endanger human life" as reckless endangerment)
- Ford-Calhoun v. State, 327 Ga. App. 835 (pointing a gun at a victim supports aggravated assault conviction)
- Choisnet v. State, 292 Ga. 860 (trial court must weigh evidence and credibility when ruling on general‑grounds new trial motion)
- Morrison v. Kicklighter, 329 Ga. App. 630 (appellate court reviews only whether any evidence supports the jury verdict on denial of general‑grounds new trial)
- Hopkins v. State, 255 Ga. App. 202 (jury instructions must be tailored to the indictment and evidence; deviation can implicate due process)