X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Andre Demond Traylor appeals his conviction for kidnapping with bodily injury,1 challenging only the sufficiency of the evidence as to the asportation element of the kidnapping. Because we reversed —on the same ground —the kidnapping conviction of Traylor’s co-defendant, see Harper v. State ,2 we hold that the same record and evidence require a reversal of Traylor’s kidnapping conviction here. Of course, this holding does not affect Traylor’s other convictions arising out of the trial, as Traylor does not challenge those convictions in any way. We reverse the kidnapping conviction only. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .4

Harper , supra, 300 Ga. App. at 757-759, sets forth in detail the evidence presented at the trial. For purposes of this opinion, it is sufficient to recount only the following facts: On March 31, 2003, Traylor and three other men wearing gloves and masks or bandanas over their faces burst into a jewelry store. They had hammers and a gun. One of the men pointed the gun at the store manager. The men threatened to kill the employees and shoppers, who all complied with their orders to get down on the floor. The men smashed the glass showcases, swiping jewelry pieces from them. One of the men pressed the gun to the head of an employee. Then several of the men pulled that employee off the floor by her neck, arm, and pants and dragged her about 15 feet across the showroom floor to the store’s locked safe, kicking her as well. Along the way to the safe, she sustained a torn rotator cuff. That employee complied with their demands to unlock the safe, and the men emptied most of the jewelry out of it. Within two minutes of having burst into the store, the men darted out, carrying with them a considerable amount of the store’s jewelry in dark bags and various other containers. Outside, the gunman realized that they were being watched by a bystander. The gunman pointed the gun at the bystander and ordered him to turn around, and the bystander complied. The four masked men hurried into a car that was parked curbside, then sped away. Id. at 757-758. Police soon apprehended Traylor and the others in a car speeding away from the scene, which car contained jewelry, a gun, and other paraphernalia associated with the robbery.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›

CAREER OPPORTUNITYUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT VACANCY ANNOUNCEMENT - USDC-CT 24-14 POSITION: Pro Se Law Clerk OPENI...


Apply Now ›