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Payne v. State

Evidence that the defendant dragged the victim from the front to the rear of an abandoned house after beating her, forced her to get into her car and then drove her a short distance before she escaped and jumped out of the car, was sufficient to establish the asportation element of the kidnapping charge.

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Following a jury trial, Kelvin Dennis Payne, Jr. was convicted of kidnapping, battery, theft by taking, and several other offenses. He contends that the trial court erred in denying his motion for directed verdict of acquittal on the charges of kidnapping and theft by taking. We disagree and affirm. The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction. Short v. State , 234 Ga. App. 633, 634 1 507 SE2d 514 1998. We view the evidence in the light most favorable to the jury’s verdict and determine whether any rational trier of fact could have found Payne guilty of the charged offenses beyond a reasonable doubt. Id. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the evidence presented at trial showed that on the day in question, Payne asked the victim, with whom he had previously been in a relationship, to pick him up from a friend’s home. Prior to the victim’s arrival, Payne told the friend that he was angry with the victim and that he was “going to drag that bitch.” The friend understood Payne’s comment to mean that Payne intended to “fight” the victim.

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