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Branchfield v. State

The defendant admitted planning the robbery, which led to the victim's death.

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Following a jury trial, Diana Branchfield was found guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the August 1, 2007 shooting death of John Belfance.1 On appeal, Branchfield alleges that the evidence was insufficient to support the verdict, that the trial court erred by failing to grant a mistrial, that the trial court erred in its charge on felony murder, and that the trial court erred by repeating an instruction on armed robbery.2 We affirm. 1. Viewed in the light most favorable to the verdict, the record shows that, on August 1, 2007, Branchfield met with Belfance in his truck. She left the truck and told Belfance that she would return once she obtained some cocaine. Branchfield then met with Mario Williams, and told Williams that he could get the money that she owed to him from Belfance. Branchfield then returned to Belfance’s truck and entered the passenger side. According to Branchfield, Williams then approached Belfance from the driver’s side and demanded money. Williams then shot Belfance and took his money. Belfance died from two gunshot wounds to the torso. Although Branchfield told police that she did not know that Williams was going to shoot Belfance, she admitted to police that she had planned the robbery that led to Belfance’s death.

The evidence was sufficient to enable a rational trier of fact to find Branchfield guilty of all the crimes for which she was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; see also OCGA § 16-2-20 parties to a crime. The jury was free to reject Branchfield’s claim that she did not know that Williams was going to shoot Belfance and conclude from the evidence that she was a willing participant in the robbery and shooting of Belfance. See, e.g., Odom v. State , 279 Ga. 599 619 SE2d 636 2005.

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