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Buford v. State

A rational trier of fact could have found that defendant failed to prove by a preponderance of the evidence that he was insane at the time of the murder and aggravated assault, and the evidence was sufficient to support the trial court's verdict finding him guilty but mentally ill.

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After conducting a bench trial, the trial court found appellant Norman Buford guilty but mentally ill for the shooting death of Willie Archer and the aggravated assault of Orantes Dishmond.1 For the reasons set forth below, we vacate the sentencing order in part and otherwise affirm.

1. Appellant’s chief complaint is that the trial court failed to find him not guilty by reason of insanity. In Georgia, a defendant is presumed to be sane and, as such, a defendant asserting an insanity defense has the burden to prove by a preponderance of the evidence that he was insane at the time the crime was committed. See Avelo v. State, 290 Ga. 609 3 724 SE2d 377 2012. On appeal,

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