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Springer v. State

Where the evidence authorizes a finding that a defendant's reckless conduct is an included crime in an aggravated assault, verdicts finding him guilty of both of those offenses are not mutually exclusive.

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Upon the first consideration of this case and relying upon the precedent of Jackson v. State, 276 Ga. 408, 410-413 2 577 SE2d 570 2003, this Court reversed Roderick Lanier Springer’s convictions for aggravated assault and involuntary manslaughter based on reckless conduct, and remanded the case for a new trial, on the ground that these verdicts are mutually exclusive. Springer v. State, 328 Ga. App. 654 762 SE2d 433 2014 Springer I.1 In State v. Springer, 297 Ga. 376 774 SE2d 106 2015 Springer II, the Supreme Court of Georgia overruled its holding in Jackson, supra, and reversed this Court’s decision in Springer I. We, therefore, vacate our earlier opinion, adopt the opinion of the Supreme Court as our own as it relates to the issue of mutually exclusive verdicts, and address Springer’s remaining enumerations of error: that the trial court erred in refusing to charge the jury on transferred justification and that the trial court erred in instructing the jury that it could consider a witness’s level of certainty regarding identification. For the following reasons, we affirm Springer’s convictions for aggravated assault, involuntary manslaughter, and possession of a firearm during the conviction of a felony.

The following pertinent facts were set forth in Springer I at 654:

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