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Goolsby v. State

The evidence of asportation was insufficient to sustain one of the defendant's kidnapping with bodily injury convictions.

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A jury convicted Terry Lee Goolsby of thirteen felony counts in connection with the invasions of the homes and the rapes of S. P. and H. M. M. Six counts arise out of two separate invasions of S. P.’s home, including one count of kidnapping with bodily injury. Seven counts arise out of an invasion of H. M. M.’s home, also including one count of kidnapping with bodily injury. Goolsby appeals only from his convictions for kidnapping with bodily injury, focusing on the asportation element of the kidnapping with bodily injury charges. He challenges the sufficiency of the evidence and the trial court’s instruction to the jury as to that element. We hold that the evidence of asportation was insufficient to sustain Goolsby’s convictions for the kidnapping with bodily injury of S. P. But as to H. M. M., we find the evidence of asportation not only sufficient to sustain Goolsby’s conviction, but also sufficient to render harmless any error in the jury charge. Accordingly, we reverse Goolsby’s conviction for kidnapping with bodily injury of S. P. and affirm his other convictions.

Reviewing a challenge to the sufficiency of the evidence to sustain a conviction, we view the evidence in the light most favorable to the jury verdict, and the defendant no longer has a presumption of innocence. Short v. State , 234 Ga. App. 633, 634 1 507 SE2d 514 1998. We do not weigh the evidence or evaluate witness credibility; we only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of the charged offenses. Leverette v. State , 303 Ga. App. 849 696 SE2d 62 2010. Even though the evidence may be contradicted, if some evidence exists to support each necessary element of the State’s case, we will uphold the jury’s verdict. Id.

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