Robertson v. the State

11 Citing cases

  1. Baker v. State

    312 Ga. 363 (Ga. 2021)   Cited 2 times

    See also Gaither v. State , 312 Ga. App. 53, 54 (1), 717 S.E.2d 654 (2011) ("[T]estimony that the children were crying and screaming when appellant fired into the group was sufficient for the jury to conclude that they, too, had a reasonable apprehension of receiving a violent injury." (Citation and punctuation omitted.); (quoting Robertson v. State , 245 Ga. App. 649, 651 (1), 538 S.E.2d 755 (2000) (evidence that two children (ages one and three) began crying after being shot at while inside a vehicle was sufficient to support conviction for aggravated assault on children)). 2. Baker alleges, and the State concedes, that the trial court erred by allowing the State to introduce the criminal convictions of third-party gang members under OCGA § 16-15-9. See State v. Jefferson , 302 Ga. 435, 443, 807 S.E.2d 387 (2017) (holding the portion of OCGA § 16-15-9 allowing for the introduction of third-party convictions at trial to be unconstitutional on its face for violating a defendant's confrontation rights).

  2. Craw v. State

    A23A1077sw (Ga. Ct. App. Sep. 19, 2023)   Cited 1 times

    , 209 Ga.App. 142, 143 (433 S.E.2d 637) (1993) (concluding that, even though shot fired by someone other than defendant strayed and killed a bystander, evidence was sufficient to support conviction for voluntary manslaughter because defendant stood his ground to engage in mutual combat rather than attempting to withdraw peaceably or act solely in self-defense); Jordan v. State, 164 Ga.App. 141, 141 (1) (296 S.E.2d 430) (1982) (finding evidence was sufficient to enable a rational trier of fact to conclude defendant was guilty of voluntary manslaughter in that he fatally stabbed the victim with a knife during an altercation in which he intended to stab someone else). See Happoldt, 267 Ga. at 127 (1) (b) (holding evidence defendant shot into automobile intending to kill his ex-wife and that one of bullets struck his son supported conviction for aggravated assault on his son under doctrine of transferred intent and State was not required to prove that defendant intended to shoot his son); Robertson v. State, 245 Ga.App. 649, 650 (1) (538 S.E.2d 755) (2000) (concluding that, although there was no evidence defendant intended to injure his mother or the children when he fired gun (intending instead to shoot his wife), evidence supported aggravated-assault conviction based on subsection under the doctrine of transferred intent).

  3. Gaither v. State

    312 Ga. App. 53 (Ga. Ct. App. 2012)   Cited 6 times

    Pace v. State, 239 Ga.App. 506, 509(6), 521 S.E.2d 444 (1999). And testimony that the children were crying and screaming when appellant fired into the group “was sufficient for the jury to conclude that they, too, had a reasonable apprehension of receiving a violent injury.” Robertson v. State, 245 Ga.App. 649, 651(1), 538 S.E.2d 755 (2000) (appellant fired three times into vehicle occupied by two adults and two children, wounding one adult; testimony that children were crying sufficient to support conviction for aggravated assault on children). The evidence was sufficient to uphold Gaither's conviction under the standard established in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

  4. Gaither v. State

    A11A0878 (Ga. Ct. App. Oct. 14, 2011)

    And testimony that the children were crying and screaming when appellant fired into the group "was sufficient for the jury to conclude that they, too, had a reasonable apprehension of receiving a violent injury." Robertson v. State, 245 Ga. App. 649, 651 (1) ( 538 SE2d 755) (2000) (appellant fired three times into vehicle occupied by two adults and two children, wounding one adult; testimony that children were crying sufficient to support conviction for aggravated assault on children). The evidence was sufficient to uphold Gaither's conviction under the standard established in Jackson v. Virginia, 443 U. S. 307 ( 99 SC 2781, 61 LE2d 560) (1979).

  5. Martin-Argaw v. State

    311 Ga. App. 609 (Ga. Ct. App. 2011)   Cited 6 times
    Finding that evidence that defendant fired a handgun at a group of people was sufficient to support defendant's aggravated-assault convictions

    FN11. Miller v. State, 273 Ga. 831, 832, 546 S.E.2d 524 (2001) (citation and punctuation omitted). FN12. Scott v. State, 302 Ga.App. 111, 114(2), 690 S.E.2d 242 (2010) (citation and punctuation omitted); see alsoRobertson v. State, 245 Ga.App. 649, 650(1), 538 S.E.2d 755 (2000); Pace v. State, 239 Ga.App. 506, 509(6), 521 S.E.2d 444 (1999). FN13. Walker v. State, 304 Ga.App. 45, 47, 695 S.E.2d 373 (2010) (citation and punctuation omitted); see alsoLilly v. State, 285 Ga.App. 427, 429, 646 S.E.2d 512 (2007).

  6. Scott v. State

    302 Ga. App. 111 (Ga. Ct. App. 2010)   Cited 17 times
    Holding that while the officer's county of employment did not, by itself, establish venue, the totality of the evidence was sufficient to prove venue

    Pace v. State, 239 Ga. App. 506, 509 (6) ( 521 SE2d 444) (1999).Robertson v. State, 245 Ga. App. 649, 650 (1) ( 538 SE2d 755) (2000).Sanchez v. State, 259 Ga. App. 400, 401 ( 577 SE2d 80) (2003).

  7. Brantley v. State

    271 Ga. App. 733 (Ga. Ct. App. 2005)   Cited 13 times

    "Trial tactics, however mistaken they may appear with hindsight, are almost never adequate grounds for finding trial counsel to have been ineffective so as to overturn a conviction." Robertson v. State, 245 Ga. App. 649, 652 (2) ( 538 SE2d 755) (2000). "They provide no grounds for reversal unless such tactical decisions are so patently unreasonable that no competent attorney would have chosen them."

  8. Gordian v. State

    581 S.E.2d 616 (Ga. Ct. App. 2003)   Cited 12 times
    Fleeting reference to possible criminal history is harmless and curable by instruction

    Regarding the assault against the ex-wife, the evidence showed that the police found both women to be very upset, with evidence of emotional trauma including quivering, shaking, crying, looking fearful, and being very nervous. Despite the ex-wife's later testimony that she was not fearful during the incident, this police testimony was sufficient for the jury to conclude that the ex-wife had a reasonable apprehension of receiving a violent injury. Robertson v. State, 245 Ga. App. 649, 651(1) ( 538 S.E.2d 755) (2000). Moreover, Gordian pointed the gun at both victims, and the other woman felt intense fear at the prospect of being shot. Her "testimony that [she] was fearful, coupled with testimony that [Gordian] pointed the gun at each of the victims, was sufficient for a factfinder to find that [both] victims had a reasonable apprehension of immediately receiving a violent injury."

  9. Garr v. State

    562 S.E.2d 215 (Ga. Ct. App. 2002)

    Robertson v. State. See also Strickland v. Washington.Robertson v. State, 245 Ga. App. 649, 651-652 (2) ( 538 S.E.2d 755) (2000).Strickland v. Washington, 466 U.S. 668 ( 104 S.Ct. 2052, 80 L.Ed.2d 674) (1984).

  10. Burk v. State

    253 Ga. App. 272 (Ga. Ct. App. 2001)   Cited 9 times

    (Punctuation and footnotes omitted.) Robertson v. State, 245 Ga. App. 649, 651-652(2) ( 538 S.E.2d 755) (2000). See also Strickland v. Washington, 466 U.S. 668 ( 104 S.Ct. 2052, 80 L.Ed.2d 674) (1984).