☢ test - Í
v. State, 304 Ga.App. 708, 711(3), 699 S.E.2d 742 (2010), overruled on other grounds by Reed v. State, 291 Ga. 10, 14(3), 727 S.E.2d 112 (2012). The trial court specifically found that the State failed to prove beyond a reasonable doubt that Muttalib possessed the methamphetamine with intent to distribute, thereby making it clear that the State also failed to establish beyond a reasonable doubt that Muttalib possessed the digital scale with the intent to commit the crime of possession of methamphetamine with intent to distribute and requiring reversal of the conviction for possession of tools for the commission of a crime. Compare with Smith, 304 Ga.App. at 711(3), 699 S.E.2d 742; Artis v. State, 299 Ga.App. 287, 292–293(5), 682 S.E.2d 375 (2009).” Driskell v. State, 333 Ga.App. 886, 777 S.E.2d 717 (September 23, 2015). Simple assault conviction affirmed, despite acquittal on pointing a gun at another, based on same act. Taylor v. State, 331 Ga.App. 577, 771 S.E.2d 224 (March 26, 2015). Verdict of not guilty of murder, but guilty of aggravated assault in same attack wasn’t impermissible. Thornton v. State, 331 Ga.App. 191, 770 S.E.2d 279 (March 16, 2015). Conviction for conspiracy to murder (and related charges) affirmed, despite acquittal of the only alleged co-conspirator on the murder charge. “[T]he trial court did not err by refusing to vacate appellant's conviction for conspiracy to commit murder on the basis that such verdict was inconsistent or irreconcilable with the acquittal of appellant's alleged co-conspirator. Accord United States v. Andrews, 850 F.2d 1557, 1561 (11 th Cir., 1988) (overruling prior precedent to uphold guilty verdict against a lone conspirator); United States v. Church, 955 F.2d 688, 695(2)(B)(1) (11 th Cir., 1992) (following Andrews and holding that ‘[i]nconsistent verdicts on a conspiracy count ... do not defeat the propriety of a defendant's conviction, even if every defendant but one is acquitted’); United States v. Valles–Valencia, 823 F.2d 381 (9 th Cir., 1987) (finding irrelevant ‘that the conflict in this case involves charges against different defendants, rather than different charges against the same defendant’); United States v. Hughes Aircraft Co., 20 F.3d 974, 978 (9 th Cir., 1994) (following Valles–Valencia and finding that ‘“the conviction of one co-conspirator is valid even when all the other co-conspirators are acquitted’); United States v. Collins, 412 F.3d 515 (4 th Cir., 2005) (declining to reverse appellant's conviction because his co- conspirator was acquitted).” Cert. granted on this issue, case no. S15G1108, June 15, 2015. Bellamy v. State, 312 Ga.App. 899, 720 S.E.2d 323 (November 29, 2011). Armed robbery and firearms convictions affirmed. “We find no merit in Bellamy's claim that one of his convictions for possession of a gun during the commission of a crime should have been merged or vacated because he was acquitted of the underlying armed robbery against the same victim. It is well-established that there is no inconsistent verdict rule in Georgia, and this claim therefore has no merit. See Coleman v. State, 286 Ga. 291, 295–296(4) (687 S.E.2d 427) (2009); Kimble v. State, 236 Ga.App. 391, 392–396(2) (512 S.E.2d 306) (1999).” Accord, Morrell v. State , 313 Ga.App. 443, 721 S.E.2d 643 (December 27, 2011); Muldrow v. State , 322 Ga.App. 190, 744 S.E.2d 413 (June 12, 2013); Jackson v. State , 322 Ga.App. 196, 744 S.E.2d 380 (June 12, 2013); Stover v. State , 324 Ga.App. 467, 751 S.E.2d 115 (November 5, 2013). Conflicts with Johnson (February 11, 2010 ), below. Smith v. State, 288 Ga. 348, 703 S.E.2d 629 (November 8, 2010). Defendants’ felony murder and related convictions affirmed; convictions for felony murder and involuntary manslaughter based on intentional (that is, not negligent) misdemeanors were not inconsistent. Ward v. State, 304 Ga.App. 517, 696 S.E.2d 471 (June 21, 2010). “Ward contends that his conviction of possession of a firearm during the commission of kidnapping (Count 17) must be reversed because the trial court granted his motion for new trial of the kidnapping charge. The trial court held that the guilty verdict for kidnapping was against the weight of the evidence. Although inconsistent verdicts in criminal cases need not be set aside, Kimble v. State, 236 Ga.App. 391 (512 S.E.2d 306) (1999), where a court determines that a predicate offense must be set aside and explains its reasoning, the policy behind the abolition of the rule against inconsistent verdict is not applicable. King v. Waters, 278 Ga. 122, 123(1) (598 S.E.2d 476) (2004). Because we know the trial court's reasoning on the kidnaping charge, it follows that the dependent firearm possession charge should also be reversed.” Johnson v. State, 302 Ga.App. 318, 690 S.E.2d 683 (February 11, 2010). Defendant’s conviction for possession of a knife during the commission of a crime reversed. “In this matter, Johnson was acquitted of entering an automobile with intent to commit theft, and thus his conviction of possession of a knife during the commission of a crime cannot be predicated on that charge . See Harrison v. State, 213 Ga.App. 366, 368(3) (444 S.E.2d 613) (1994). … Accordingly, we reverse Johnson's conviction of possession of a knife during the commission of a crime and remand the case for
Made with FlippingBook Ebook Creator