Watson v. State
308 Ga. App. 871
Ga. Ct. App.2011Background
- Derrick Watson was convicted by Walton County jury of armed robbery, aggravated battery, multiple aggravated assaults, burglary, gun during a felony, and conspiracy to possess cocaine based on a planned drug robbery.
- Late Sept. 2006, Watson and codefendants planned to rob Boris Oliver to obtain money and cocaine; plan discussed at Michael White's house in Athens.
- The group traveled in two cars to Monroe; four entered Oliver's home with masks; Oliver and Felicia Moon were assaulted, and Jarrells and Davis took cash, drugs, and Moon's $1,500 amidst gunpoint demands.
- Jessica Moon was shot in the leg during the house invasion; Oliver’s associates Giles and Flint were robbed outside; police recovered weapons, masks, and drugs from the scene and vehicles, linking Watson to the mission.
- Watson’s mother testified he used the Ford Explorer and later attempted to have the vehicle reported stolen, with other corroborating items found linking him to the crime scene.
- Co-defendants pled guilty to armed robbery and testified at Watson’s trial, corroborating accomplice testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency for conspiracy conviction with accomplice corroboration | Watson argues accomplices’ testimony insufficient without corroboration. | Watson contends lack of corroboration and mere presence, no intent. | Evidence sufficiently corroborates accomplice testimony. |
| Sufficiency of armed robbery against Oliver | Oliver denied cash or cocaine was taken from his person; conflicting timing. | No value taken from immediate presence by a weapon. | Circumstantial evidence showed items taken from Oliver’s closet with a weapon; sufficient. |
| Effect of recharge on conspiracy/accomplice liability | Recharge was confusing and prejudicial, undermining defense of mere presence. | Counsel ineffective for not objecting to recharge. | Recharge proper; no ineffective assistance shown. |
| Failure to give venue instructions sua sponte | General and special venue charges were required for conspiratorial activity. | Evidence established venue in Walton County; no extra venue instruction needed. | No error; sufficient venue proof and procedures complied. |
| Venue adequacy given conspiracy to possess cocaine | Overt acts occurred in multiple counties. | Overt act in Walton County; prosecution aligned; no cross-county venue issue. | No cross-county venue issue; conspiracy acts occurred in Walton County. |
Key Cases Cited
- Smith v. State, 281 Ga.App. 587 (2006) (accomplice corroboration sufficiency standard)
- Gallimore v. State, 264 Ga.App. 629 (2003) (accomplice corroboration connection sufficiency)
- Bruce v. State, 263 Ga. 273 (1993) (intent and acts imputable to conspirators)
- Harp v. State, 302 Ga.App. 17 (2010) (evidence of armed robbery sufficiency)
- King v. State, 268 Ga.App. 811 (2004) (accomplice corroboration and evidentiary support)
- Osborn v. State, 161 Ga.App. 132 (1982) (venue charging principles and material allegations)
- Cloyd v. State, 237 Ga.App. 608 (1999) (recharge necessity and assessment)