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Upton v. Hardeman

The habeas court erred in ruling that the state did not prove the asportation element of the defendant's kidnapping with bodily injury conviction.

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This is an appeal by the warden from the partial grant of appellee Victor Hardeman’s application for a writ of habeas corpus.1 The habeas court granted the writ and overturned appellee’s conviction for kidnapping with bodily injury. For the reasons that follow, we reverse and remand with direction.

Appellee was convicted in 2003 of kidnapping with bodily injury, aggravated battery, false imprisonment, criminal attempt to commit robbery, and burglary. The trial court sentenced appellee to life imprisonment plus ten years2 and the Court of Appeals and this Court affirmed his convictions. Hardeman v. State, 275 Ga. App. XXVI 2005, aff’d, 281 Ga. 220 635 SE2d 698 2006. This appeal is from the ruling in appellee’s petition for habeas relief which he filed in June 2010. Appellee raised a single ground for relief claiming that the evidence of asportation was insufficient to sustain his conviction for kidnapping pursuant to this Court’s decision in Garza v. State, 284 Ga. 696 670 SE2d 73 2008.3 To determine whether the asportation requirement has been met, Garza requires the following four factors to be considered:

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