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Hosley v. State

The trial court properly declined to charge the jury sua sponte on "not guilty by reason of insanity", since an insanity defense was not interposed in the defendant's case and it was not a sole defense at trial.

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Darius Hosley appeals after a jury found him guilty of kidnapping, aggravated assault, false imprisonment, possession of a gun during the commission of a crime, fleeing from a police officer, carrying a gun without a license, and simple battery. Hosley contends that counsel was ineffective in failing to request a jury charge of not guilty by reason of insanity; that the trial court should have charged the jury sua sponte on not guilty by reason of insanity; that the false imprisonment conviction should have been merged with the kidnapping conviction; and, that the trial court erred in allowing certain testimony from one of the State’s witnesses. After reviewing the record, we conclude there was no error, and affirm.

The evidence at trial, viewed in the light most favorable to the jury’s verdict, was that Holsey and his wife Latisha had been separated for some time when she agreed to meet him and let him see their baby, who was two months old. Latisha was afraid of Holsey because he had previously attacked her when they were living in Virginia while he was in the Navy. Holsey was AWOL at the time and Latisha was two months pregnant. Immediately after the attack, Latisha left Virginia and moved back to Atlanta.

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