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Drake v. State

The defendant and his co-defendants went to the victim's house to seek revenge for an earlier fight and to rob him.

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Sean Miguel Drake and co-defendants Terrance Kinard, Anthony Huntzinger, and Anthony Duggan were charged with kidnaping with bodily injury Count 1, armed robbery Count 2, and aggravated assault Count 3. Following a jury trial, Drake was found guilty on Counts 2 and 3 and was found guilty of the lesser included offense of kidnaping on Count 1. Drake appeals from the denial of his motion for new trial. Finding no error, we affirm. Viewed in the light most favorable to the verdict,1 the evidence shows that Huntzinger and the victim were friends, but had a dispute over approximately $2,000 that the victim claimed Huntzinger had taken from the victim’s house. The victim had threatened Huntzinger with bodily injury if Huntzinger did not return his money. On November 30, 2000, Huntzinger, Duggan, and Drake’s brother encountered the victim at the local Waffle House, which resulted in a physical confrontation in the parking lot between the victim and Huntzinger, in which the victim came out the victor. After the physical altercation ended, Huntzinger sent Duggan into the Waffle House where the victim was eating in order to demand a “rematch.” When a suitable location could not be found, everyone dispersed.

Huntzinger, Duggan, and Drake’s brother met Kinard, Drake, and others at Kinard’s grandmother’s house. The group talked about seeking revenge against the victim. Later, in either the late hours of that evening or the early morning hours of the following day, Drake, Huntzinger, Duggan, and Kinard left in Huntzinger’s car to look for the victim with plans to physically assault and rob him. They were armed with a rifle and a couple of handguns. The victim testified that when he arrived home, he was unable to enter his house through the garage as the automatic door opener was not operational. The victim, who did not have a house key, knocked on the front door hoping to awaken someone inside. While he was standing on the front porch, he saw Huntzinger’s car drive by and continue around the corner.

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