Hampton v. State

713 S.E.2d 851, 289 Ga. 621, 2011 Fulton County D. Rep. 2187, 2011 Ga. LEXIS 562
CourtSupreme Court of Georgia
DecidedJuly 8, 2011
DocketS11A0585
StatusPublished
Cited by30 cases

This text of 713 S.E.2d 851 (Hampton v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hampton v. State, 713 S.E.2d 851, 289 Ga. 621, 2011 Fulton County D. Rep. 2187, 2011 Ga. LEXIS 562 (Ga. 2011).

Opinions

NAHMIAS, Justice.

Lamar Hampton appeals from his convictions for the malice murder of Julian Smith, the aggravated assault of Kyzer Green, hindering the apprehension of a criminal, and tampering with evidence.1 We affirm the malice murder and aggravated assault convictions, but we vacate the sentence for hindering the apprehension of a criminal and remand for misdemeanor sentencing on the tampering with evidence conviction.

1. The evidence at trial, viewed in the light most favorable to the verdict, shows that on September 18, 2003, Smith and his friend Green went to the Bridge Creek Apartments to visit Smith’s girlfriend. When they were getting into their car to leave, a gunman began shooting at Smith, who told Green to run. Smith was hit four times in the head, once in the left shoulder, and once in the neck. He died as a result of his injuries. Green ran and was not hit by any bullets. Eyewitnesses could not identify the gunman because he was wearing a stocking over his head, but they testified that he leaned into Smith’s car, shot him at close range, and then fled in a Grand Am style car with tinted windows. Other evidence, including testimony from co-indictees Robert Jones and Shawn Venisee, showed that Hampton believed that Smith had shot and killed his close friend and Venisee’s brother, James Thomas, 18 days earlier and that Hampton orchestrated a hit on Smith that involved Blackshear as the shooter and Jones, Venisee, and Purvis Wallace in supporting roles. After the shooting, Hampton concealed Blackshear at his home [622]*622and directed that tinting be removed from the getaway car (a 2001 Oldsmobile Alero) and that the murder weapon (a .38 caliber revolver) be thrown away in a wooded area.

When viewed in the light most favorable to the verdict, the evidence presented at trial and summarized above was sufficient to authorize a rational jury to find Hampton guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). See also Vega v. State, 285 Ga. 32, 33 (673 SE2d 223) (2009) (“It was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” (citation and punctuation omitted)).

2. This Court has held that the offense of hindering the apprehension of a criminal, see OCGA § 16-10-50, is the equivalent of the common law crime of being an accessory after the fact and that a party may not be convicted both of being a principal to the crime and an accessory after the fact. See Stanton v. State, 274 Ga. 21, 22 (549 SE2d 65) (2001); State v. Freeman, 272 Ga. 813, 815 (537 SE2d 92) (2000); Jordan v. State, 272 Ga. 395, 396-397 (530 SE2d 192) (2000). Based on these cases, Hampton correctly contends that he may not be convicted for both malice murder and hindering the apprehension of a criminal, but he incorrectly argues that the remedy is to set aside his conviction for malice murder.

Freeman, on which Hampton relies, involved an unusual fact pattern that distinguishes it from this case and our other cases on this issue. Freeman was indicted for two counts of malice murder, but only one is relevant here. On that count, Freeman requested a jury charge on hindering the apprehension of a criminal, incorrectly asserting that it was a lesser included offense of murder. See 272 Ga. at 813-814; Pressley v. State, 207 Ga. 274, 280 (61 SE2d 113) (1950) (holding that the crime of being an accessory after the fact, of which hindering is a statutory equivalent, is not a lesser included offense of murder). The State, however, did not object, and the trial court incorrectly instructed the jury on hindering as a lesser included offense. The verdict form listed three offenses under the murder count: malice murder, felony murder, and hindering the apprehension of a criminal. See 272 Ga. at 814. The jury found Freeman not guilty of malice murder and guilty of the hindering charge but did not initially return a verdict on the felony murder charge. See id.

The trial court then directed the jury to attempt to reach a verdict on the felony murder charge, and the jury found Freeman guilty. See Freeman, 272 Ga. at 814. We concluded that the court erred by

requiring the jury to continue deliberations on the felony murder charge after it had found the defendant not guilty of [623]*623malice murder and guilty of the [supposedly lesser included offense of] hindering.... In other words, the jury was required to determine whether Freeman was a party to the crime of felony murder after it had already determined that he was an accessory after the fact.

Id. at 816. We therefore affirmed the trial court’s subsequent decision to vacate the felony murder conviction. See id.

Here, by contrast, the trial court did not require the jury to determine whether Hampton was a party to the crime of murder after the jury had already determined he was an accessory after the fact. Instead, as in Stanton and Jordan, the jury returned a verdict on all counts at the same time. In these circumstances, this Court has ruled, both before and since Freeman, that it is the conviction for hindering that must be set aside. See Stanton, 274 Ga. at 22; Jordan, 272 Ga. at 396-397. See also Thaxton v. State, 184 Ga. App. 779, 780 (362 SE2d 510) (1987) (affirming the defendant’s conviction for voluntary manslaughter but reversing his conviction for hindering). Accordingly, we vacate Hampton’s hindering conviction but affirm his conviction for malice murder.

3. Hampton contends that the State proved that he tampered with evidence in his own case and not in the case of one of his co-defendants, so that he may be sentenced only for a misdemeanor. See White v. State, 287 Ga. 713, 717 (699 SE2d 291) (2010) (explaining that under OCGA § 16-10-94 (c), a person may receive only misdemeanor punishment for tampering with evidence in his own case). The indictment charged Hampton with tampering with evidence “to prevent the apprehension of Russell Blackshear, [himself], and Shawn Demetris Venisee.” The indictment, along with the jury charge and the evidence, permitted the jury to find that Hampton tampered with the evidence in his case alone (a misdemeanor) or in either or both Blackshear’s and Venisee’s case (a felony). However, the verdict form simply contained a finding of guilty on the tampering count, making it impossible to determine if the jury found Hampton guilty of misdemeanor or felony tampering. Because Hampton must be given the benefit of the doubt in construing this ambiguous verdict, we vacate his felony tampering sentence and remand for misdemeanor sentencing. See Lindsey v. State, 262 Ga. 665, 665-666 (424 SE2d 616) (1993).

4. Hampton contends that the trial court erred in failing to grant him a new trial on the ground that the trial judge should have disqualified himself. Hampton argues that there was an appearance of partiality in the trial judge presiding over the trial because the judge’s former law partner had represented the estate of one of the victims, Julian Smith, in a premises liability lawsuit against the [624]

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Cite This Page — Counsel Stack

Bluebook (online)
713 S.E.2d 851, 289 Ga. 621, 2011 Fulton County D. Rep. 2187, 2011 Ga. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-state-ga-2011.