Sullivan v. State

A Henry County jury convicted Clifton Ray Sullivan of armed robbery and kidnapping with bodily injury. Sullivan appeals, claiming that the trial court erred in: excluding relevant evidence, admitting inflammatory evidence, improperly charging the jury on circumstantial evidence and failing to specifically charge the jury on identity. We find these enumerations of error lack merit and affirm.

The evidence shows that on July 27, 1991, B.J. Craig visited JoAnn Tehonica at her trailer home. Craig was carrying a large amount of cash, and Tehonica resolved to steal it from him. Toward that end, she telephoned Janet Krebs, and they formed a plan to drug Craig, who had been drinking heavily, into unconsciousness and then take his money. Krebs brought Xanax to Tehonica’s trailer, and Tehonica, Krebs and Craig took the drug. When Craig did not lose consciousness, Krebs telephoned John Wilkins and asked him to come to her trailer with his baseball bat to knock Craig unconscious. Wilkins went to the trailer and subsequently Sullivan, who was known as “Flea,” arrived and joined Tehonica, Krebs and Wilkins in the plot to steal Craig’s money.