White v. State, 278 Ga. 499

604 S.E.2d 159 (2004) · Supreme Court of Georgia · October 12, 2004 · No. S04A1394

Summary

The Supreme Court of Georgia reviewed Antonio Dewayne White's convictions for felony murder, attempted armed robbery, armed robbery, and aggravated assault. The court held that the evidence was sufficient to establish White's participation as a party to the crimes, including reliance on a co-indictee's prior inconsistent statement as substantive evidence. It affirmed the convictions in part but vacated the separate conviction and sentence for attempted armed robbery because that offense merged into the felony murder conviction.

Holdings

  1. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that White was a party to the charged crimes. Although mere presence at a crime scene is insufficient by itself, presence combined with companionship and conduct before and after the offenses supported an inference of participation and criminal intent.
  2. The trial court erred by entering a separate judgment of conviction and sentence for the attempted armed robbery because that offense merged into the felony-murder conviction.

Questions Presented

  1. Whether the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that White was a party to the charged crimes.
  2. Whether the trial court properly entered a separate conviction and sentence for attempted armed robbery when that offense merged into the felony-murder conviction.

Disposition

vacated

Cases Cited (11)

  • Johnson v. State, 275 Ga. 650, 654(8), 571 S.E.2d 782 (2002)(followed)
  • Felder v. State, 270 Ga. 641, 642(1), 644(4), 514 S.E.2d 416 (1999)(applied)
  • Walsh v. State, 269 Ga. 427, 429(1), 499 S.E.2d 332 (1998)(applied)
  • Berry v. State, 268 Ga. 437, 438(1), 490 S.E.2d 389 (1997)(followed)
  • Gibbons v. State, 248 Ga. 858, 862, 286 S.E.2d 717 (1982)(applied)
  • Jones v. State, 271 Ga. 433, 434, 520 S.E.2d 690 (1999)(followed)
  • Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
  • McKenzie v. State, 271 Ga. 47(1), 518 S.E.2d 404 (1999)(applied)
  • Mainer v. State, 267 Ga. 448, 449(4), 450(4), 479 S.E.2d 731 (1997)(followed)
  • Hawkins v. State, 267 Ga. 124(2), 475 S.E.2d 625 (1996)(followed)

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