Collett v. State

21 Citing cases

  1. Clements v. State

    896 S.E.2d 549 (Ga. 2023)   Cited 7 times

    As noted earlier in the opinion, Velazquez's felony murder conviction predicated on aggravated assault on a peace officer was "vacated by operation of law," Graves, 298 Ga. at 556 (4), 783 S.E.2d 891, and Velazquez's aggravated assault on a peace officer Count merged with the malice murder count. Consequently, Velazquez was not "convicted of or sentenced" for these counts, Worthen, 304 Ga. at 865 (2), 823 S.E.2d 291, and his challenge to the sufficiency of the evidence as to these counts is moot See CollettvState, 305 Ga. 853, 855 n.2, 828 S.E.2d 362 (2019). When assessing a challenge" to the sufficiency of the evidence as a matter of constitutional due process, the evidence presented at trial is viewed in the light most favorable to the verdicts to determine whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt of all the crimes of which he was convicted.

  2. Guzman-Perez v. State

    310 Ga. 573 (Ga. 2020)   Cited 6 times

    "In cases like this one where convictions are based on circumstantial evidence, the evidence must be ‘consistent with the hypothesis of guilt’ and ‘exclude every other reasonable hypothesis save that of the guilt of the accused.’ " Collett v. State , 305 Ga. 853, 855 (1), 828 S.E.2d 362 (2019) (quoting OCGA § 24-14-6 ). Whether the evidence excludes every other reasonable hypothesis is a question for the factfinder.

  3. Kim v. State

    309 Ga. 612 (Ga. 2020)   Cited 1 times
    Noting that the finder of fact "could reasonably infer that [appellant] lied to the police because he shared a common criminal intent with his associate and that the two acted in concert in committing the crimes"

    "In cases like this one where convictions are based on circumstantial evidence, the evidence must be ‘consistent with the hypothesis of guilt’ and ‘exclude every other reasonable hypothesis save that of the guilt of the accused.’ " Collett v. State , 305 Ga. 853, 855 (1), 828 S.E.2d 362 (2019) (quoting OCGA § 24-14-6 ). Whether the evidence excludes every other reasonable hypothesis is a question for the factfinder.

  4. Monroe v. State

    315 Ga. 767 (Ga. 2023)   Cited 15 times
    Holding that evidence that the defendant, acting with fellow gang members, "sought to avenge the perceived disrespectful behavior" of a rival gang member "was sufficient to establish a nexus between the charged crimes and an intent to further the gang's interests"

    In any event, because this left no conviction into which the other counts could have merged, the claim fails. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019) ; White v. State , 287 Ga. 713, 714-715 (1) (a), 699 S.E.2d 291 (2010).

  5. Beamon v. State

    314 Ga. 798 (Ga. 2022)   Cited 7 times
    Noting that appellant’s "challenges to the felony murder and aggravated assault counts are moot because those counts were merged or vacated by operation of law, and no sentence was entered on them"

    While Beamon alleges that the evidence presented at trial was insufficient to sustain all of the jury's guilty verdicts, his challenges to the felony murder and aggravated assault counts are moot because those counts were merged or vacated by operation of law, and no sentence was entered on them. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019).

  6. Carter v. State

    314 Ga. 317 (Ga. 2022)   Cited 5 times
    Holding that the evidence was sufficient to support defendant's guilt where the testimony of two witnesses conflicted about the defendant's whereabouts on the day of the murder, noting that "[t]o the extent that [one witness's] testimony conflicts with [another's], that inconsistency was for the jury to resolve, and the jury was entitled to disbelieve" either witness's version of the events

    While Carter challenges the sufficiency of the evidence to sustain both guilty verdicts against him, his challenge to the felony murder count is moot because that count was vacated by operation of law. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019). (a) Carter first argues that the evidence was insufficient because there was no evidence that he was a party to Mills's murder.

  7. Garay v. State

    314 Ga. 16 (Ga. 2022)   Cited 7 times

    While Garay challenges the sufficiency of the evidence to sustain all of the guilty verdicts against him, his challenges to the counts other than malice murder (Count 1), criminal attempt to commit armed robbery (Count 4), and possession of a firearm during the commission of a felony (Count 7) are moot because those counts were merged or vacated by operation of law. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019).

  8. McNabb v. State

    No. S22A0031 (Ga. May. 17, 2022)

    See Collett v. State, 305 Ga. 853, 855-856 (1) (828 S.E.2d 362) (2019) (discussing evidence that body of child victim was found in brush pile behind her home, that she had scratch marks and bruising on her face and neck, and that multiple fibers from appellant's clothing were found on victim's clothing as circumstantial evidence of appellant's guilt). The jury was also presented with evidence of McNabb's drug use and its effect on his behavior, that he was the last person to see Caliyah before she was reported missing, and that he behaved bizarrely and suspiciously after Caliyah was reported missing.

  9. Fortson v. State

    313 Ga. 203 (Ga. 2022)   Cited 6 times
    Rejecting appellant's contention that trial court failed to review motion for new trial under the thirteenth juror standard and concluding the evidence to support the verdict was sufficient

    Any challenge as to the sufficiency of the evidence as to these counts is moot. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019) (holding that the appellant's challenges to the sufficiency of the evidence to sustain guilty verdicts on counts that were merged or vacated by operation of law were moot). Further, as a matter of Georgia statutory law, "[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused."

  10. Hughs v. State

    312 Ga. 606 (Ga. 2021)   Cited 4 times

    Cochran v. State , 305 Ga. 827, 829 (1), 828 S.E.2d 338 (2019). Whether the evidence excludes every other reasonable hypothesis is a question for the jury, see Collett v. State , 305 Ga. 853, 855-856 (1), 828 S.E.2d 362 (2019), and that finding will not be disturbed on appeal unless the verdict is insupportable as a matter of law, see Akhimie v. State , 297 Ga. 801, 804 (1), 777 S.E.2d 683 (2015). Hughs claims that the evidence did not exclude the reasonable hypotheses that someone else in the home committed an act upon Kaidence that caused her to stop breathing or the possibility that Kaidence's death was the result of unexplained or natural causes.