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Stevens v. State

The trial court did not err in charging the jury that an aggravated assault occurs when the assault is likely to or actually does result in a serious bodily injury, even though the indictment more narrowly averred that the assault actually resulted in serious bodily injury, since additional jury instructions confined the aggravated assault charge to the specific portion of the code set out in the indictment.

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A jury found Keith Allen Stevens guilty of false imprisonment and aggravated assault, and the trial court denied his motion for new trial. On appeal, Stevens contends that the trial court erred by allowing the jury to convict him of aggravated assault in a manner not charged in the indictment, and by failing to charge the jury that hands and feet are not deadly weapons per se. Finding no reversible error, we affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Millender v. State , 286 Ga. App. 331 1 648 SE2d 777 2007. So viewed, the evidence shows that Stevens and the victim were involved in an intimate relationship. Their financial situation was precarious, leading them to move from place to place. In June 2006, Stevens and the victim moved out of a motel room they had occupied and began living together underneath a bridge. That same month, the victim began prostituting herself for money.

On June 30, 2006, Stevens dropped off the victim behind a store for the purpose of prostitution. Stevens was driving a pickup truck owned by the victim. Returning a few hours later, Stevens learned that the victim had made only $10. Enraged, Stevens began striking the victim all over her body as he drove her around in the pickup truck. Stevens then drove to the woods, where he forced the victim out of the truck, beat and kicked her, and threatened to kill her. Later, Stevens drove the victim to a trailer that a friend agreed to let him borrow for the night. After forcing the victim inside, Stevens continued striking and kicking her. The victim did not attempt to escape from the trailer because Stevens told her that if she tried to leave, he would kill her.

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