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Harrell v. State2/13/2002
Shawn Maurice Harrell was convicted of kidnapping with bodily injury, aggravated assault, and criminal damage to property in the second degree by a Henry County jury. On appeal, he argues the following: (1) the trial court erred by denying his motion for directed verdict, (2) the jury verdict is contrary to the weight of the evidence; (3) the trial court should have granted his motion for new trial on the issue of jury misconduct; (4) the trial court erroneously instructed the jury; and (5) his trial counsel was ineffective. We disagree and affirm.
"On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses."
Construed in the light most favorable to the verdict, the evidence shows that Harrell approached Joey Long at a gas station. He asked Long to give him a ride, and Long agreed, as he was going to his girlfriend's house which was near where Harrell needed to go. When they arrived at Harrell's destination, which Long thought was Harrell's parent's house, Long stopped his truck so that Harrell could get out. Instead of exiting the truck, however, Harrell began talking to a man who had come out of the house. When a second man approached the back of Long's truck, Long drove off.
Long testified that Harrell pulled something that Long thought was a gun from under his jacket and pointed it at him. Long recalled that he told Harrell, "Please don't shoot me. My goodness, please don't shoot me. I give you a ride down here." Long stopped the truck and thinking that the gun was still pointed at him, he stepped out and tried to alert a bystander. After his attempts failed, Long got back into the truck and asked Harrell what he wanted him to do. Harrell instructed Long to return to the house they had just left.
Long stopped after he passed the house and told Harrell to get out of his truck. Long testified that at that point, Harrell attacked him with a knife, cutting him, and then held the knife to Long's throat and asked for money. When Long only produced one dollar, Harrell searched Long's truck for more money. While Harrell searched, Long tried to escape and Harrell grabbed Long by the back of his shirt, cutting the back of Long's neck. Long was able to escape Harrell's grasp and exit the truck.
As he ran away from the truck, Long looked back and saw that Harrell was breaking the windows of the truck with a wooden bat. Harrell then told Long to get back into the truck and after Long complied, Harrell broke another window, shattering the glass on Long. Long then drove to the home of his girlfriend house and was taken to the hospital later that evening. The hospital personnel called the police.
1. Harrell argues that the trial court's denial of his motion for directed verdict as to the kidnapping and criminal damage to property charge was erroneous. The standard of review for the denial of a motion for directed verdict of acquittal or a motion for new trial is the same as that utilized under Jackson v. Virginia when the sufficiency of the evidence is challenged.
"A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will." Harrell contends that the state did not prove its case because there was no evidence of asportation. We disagree. "The asportation element [of kidnapping] may be satisfied by slight movement on the part of the victim." Here, Long testif
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