Williams v. State
307 Ga. App. 675
| Ga. Ct. App. | 2011Background
- Williams was charged with multiple offenses including kidnapping with bodily injury (Count 1), kidnapping (Count 2), aggravated sexual battery (Count 3), two counts of aggravated assault (Counts 4–5), possession of cocaine with intent to distribute (Count 6), two counts of possession of controlled substances (Counts 7–8), and obstructing/hindering a law enforcement officer (Count 9); after trial he was convicted on Count 1 as a lesser included offense and on Counts 4–9, acquitted on Counts 2–3; the victim Hafley testified that Williams and others coerced her into prostitution and subjected her to physical and sexual abuse; the events occurred in August 2007 at the Baymont Inn in Gwinnett County, with corroboration from Emerson and Tina about Williams’s control and violence; the trial court instructed on asportation under pre-Garza law, the appellate court later addressed Garza-based requirements and potential error; the court affirmed on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports kidnapping asportation | Williams | Hafley movement incidental; no substantial danger | Yes, asportation supported |
| Whether the trial court erred by the pre-Garza asportation charge | Williams | Movement sufficient under Garza not required | Error but harmless under highly probable test |
| Whether aggravated assault and kidnapping merge | Williams | Separate offenses require different proof | No merger; separate offenses exist |
| Whether evidence supports misdemeanor obstruction conviction | Williams | Spitting attempt obstructed officer | Supported by evidence; reversible error not shown |
Key Cases Cited
- Garza v. State, 284 Ga. 696, 670 S.E.2d 73 (2008) (asportation standard after Garza; movement must significantly increase danger)
- Dixon v. State, 303 Ga. App. 517, 693 S.E.2d 900 (2010) (erroneous charge on slight movement harmless where other evidence established asportation)
- Hill v. State, 298 Ga.App. 677, 680 S.E.2d 702 (2009) (asportation evidence when movement increases danger)
- Bryant v. State, 304 Ga.App. 755, 697 S.E.2d 860 (2010) (movement after aggravated assault can support asportation)
- Williams v. State, 295 Ga.App. 9, 670 S.E.2d 828 (2008) (asportation not present where movement did not enhance risk)