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Davis v. State

Court of Appeals of Georgia

November 21, 2014

DAVIS
v.
THE STATE

Kidnapping with bodily injury, etc. Decatur Superior Court. Before Judge Cato.

Judgment affirmed in part and reversed in part.

Kevin C. Armstrong, for appellant.

Joseph K. Mulholland, District Attorney, Moruf O. Oseni, Assistant District Attorney, for appellee.

PHIPPS, Chief Judge. Ellington, P. J., and McMillian, J., concur.

OPINION

Page 567

Phipps, Chief Judge.

Wayne Anthony Davis appeals his convictions for kidnapping (with bodily injury),[1] aggravated assault (family violence),[2] and [330 Ga.App. 119] failure to register as a sex offender.[3] He contends that the evidence was insufficient to support his convictions. The evidence was sufficient to support the convictions for kidnapping and aggravated assault, so we affirm those convictions. However, because the evidence was not sufficient to support the conviction for failure to register as a sex offender, we reverse that conviction.

In assessing whether the evidence was sufficient to support [Davis's] convictions, we neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.[4]

So viewed, the evidence showed the following. Davis and L. A. had been dating for several years and, from January 2011 to about May 2011, Davis resided with L. A. in her home on Corps Airport Road in Decatur County, Georgia " the majority of the time." Although Davis operated a business in Bristol, Florida, he kept clothing and other personal items at L. A.'s home, usually going to her home when he left work; he " stayed" in L. A.'s home more than 30 days in 2011.

On about May 2, 2011, about two days after L. A. ended the relationship, Davis entered L. A.'s home and struck L. A. with a baseball bat several times on the head and on the arm. He bound her hands, placed her in the trunk of a vehicle, and poured gasoline over her head. With L. A. in the trunk, Davis drove the vehicle for about 30 to 45 minutes, then let L. A. out of the trunk in a wooded area in Bristol, Florida and threatened to kill her. L. A., who was then bleeding, dizzy, and unable to stand or walk, persuaded Davis to summon help for her. Davis phoned 911, and L. A. was taken by ambulance to a Tallahassee, Florida hospital. There, L. A. received, along with other treatment, stitches to repair 20 centimeters of lacerations to her head. When asked at trial whether L. A.'s injuries were significant, the emergency room physician who had treated her characterized them as " horrible."

1. Without stating any specific basis therefor, Davis contends that the evidence was insufficient to support the convictions for [330 Ga.App. 120] kidnapping (with bodily injury)[5] and aggravated assault.[6] Based on the evidence presented, the contention is without merit.[7]

2. Davis contends that the evidence was insufficient to prove that he failed to adhere to the requirements of OCGA ยง 42-1-12 (e) (7) because: (a) he was not required to register the Corps Airport Road address, which was only his temporary address; and (b) testimony from the state's witness regarding Davis's alleged failure to ...


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