Calhoun v. State

The trial court erred in denying the defendant's motion for directed verdict as to the alleged aggravated assault on a man who drove up to the store the defendant was robbing—although the man testified that he saw the defendant holding a gun and that the defendant verbally threatened him, he did not testify that the defendant pointed the gun at him.

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After a jury trial, Preston Calhoun was convicted of four counts of aggravated assault and one count each of armed robbery and false imprisonment arising from an armed robbery of a Dollar General store and an attempted robbery of a Cato women’s clothing store about two weeks later. Appellant appeals the denial of his motion for new trial, arguing that the trial court erred in denying his motion to sever and his motions for directed verdict on two counts. Appellant also argues that the trial court erred in charging the jury on aggravated assault. Because we find that the trial court erred in denying his motion for a directed verdict as to aggravated assault, we reverse in part and affirm in part.

Viewed in the proper light,1 the evidence adduced at trial shows that on November 19, 2007, appellant’s co-defendant, Roslynn Ford-Calhoun, entered a Dollar General store in Stockbridge and walked around the store, pretending to shop while talking on her cell phone. Ford-Calhoun then informed appellant by cell phone that it was safe for him to enter the store. Appellant, who was wearing large sunglasses, then entered the store, showed his gun to the cashier, and said “you know what it is. Give it up.” Appellant snatched money from the cashier’s hands and then demanded that she “give him the till, all the safe, and your deposit.” When the cashier did not act quickly enough, appellant pointed the gun at her stomach, and demanded that she give him money from the store’s safe. Appellant then took some money from the safe and fled the store. Once outside, appellant noticed the store’s manager, Terrance Quarterman, and went over to him, aimed his gun at Quarterman’s head, and demanded that he hand over the store’s bank deposit. When Rick Kurtz drove into the store’s parking lot, he noticed Quarterman engaged in a confrontation with appellant and he came over to provide assistance. Appellant turned to Kurtz, and said “turn around and I’ll blow your . . . head off.” Appellant then fled the scene and got into a black Cadillac driven by Ford-Calhoun.

Calhoun v. State

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