White v. State
319 Ga. App. 530
Ga. Ct. App.2013Background
- White was convicted in Dougherty County of burglary, aggravated assault with a deadly weapon, and two counts of cruelty to children in the second degree.
- The crimes arose from a September 12, 2009 attack on White's ex-girlfriend in her home, in the presence of her two young children.
- The victim positively identified White, and fingerprint evidence matched White’s prints on the window trim used to gain entry.
- A. L., one of the child victims, testified via forensic interview describing the attack and identifying White as the assailant.
- The Court of Appeals reviewed sufficiency of evidence de novo under Jackson v. Virginia and affirmed, upholding all verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for each conviction | White contends the evidence was flawed and insufficient | State asserts competent, sufficient evidence supports each element | Evidence sufficient for all counts |
| Whether lenity requires reducing sentences to third degree cruelty to children | Lenity requires the lesser (third degree) punishment | Lenity does not apply; second degree supported by evidence | Lenity does not apply; second degree affirmed |
| Cruelty to children where child witnesses were asleep | M. W. was asleep and did not witness the attack; conviction not supported | Evidence showed M. W. woke and suffered mental pain; conviction valid | Evidence sufficient; conviction upheld |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (standard for reviewing sufficiency; appellate court does not reassess credibility)
- Olive v. State, 291 Ga. App. 538 (Ga. App. 2008) (credibility and opportunity to identify; review of identification issues)
- Walden v. State, 289 Ga. 845 (Ga. 2011) (cruel or excessive mental pain; jury determines mental pain level)
- Brown v. State, 276 Ga. 606 (Ga. 2003) (rule of lenity when same conduct could support misdemeanor or felony)
- Rollf v. State, 314 Ga. App. 596 (Ga. App. 2012) (lenity analysis when offenses require different elements but same conduct)
- Lightning v. State, 297 Ga. App. 54 (Ga. App. 2009) (distinction between battery and aggravated assault for juries to determine)
- Dowling v. State, 278 Ga. App. 903 (Ga. App. 2006) (statutory ambiguity and lesser penalty prevailing)