The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Antonio Jesus Zamudiov.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1783
DecidedApril 13, 2015
Reporter332 Ga. App. 37; 771 S.E.2d 733
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Presiding Judge Barnes authored the opinion
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsSufficiency of the EvidenceMergerSentencingRemand
Case Summary

Zamudio and Carlos Gonzalez faced a joint trial that resulted in convictions for violent offenses and gang activity after an attack on a former rival. The Court of Appeals considered their consolidated appeals. Zamudio challenged the sufficiency of the gang conviction and separately contested the aggravated-assault indictment, denial of severance, testimony about online photographs, refusal of a simple-assault instruction, and merger of aggravated battery into attempted murder. The court affirmed the convictions, holding that the evidence connected the assault to gang activity and supported an intent to further the gang’s interests. It rejected Zamudio’s other trial claims, including his arguments about the indictment, severance, photographs, and jury instruction. On merger, the court held that attempted murder involved the lesser injury and had to merge into aggravated battery, not the reverse. It vacated Zamudio’s attempted-murder sentence and remanded for resentencing. The same illegal merger appeared in Gonzalez’s sentence, so the court vacated that portion of his sentence as well, although Gonzalez had not raised the issue.

Opinion

Loading published copy…

The Far Side
Antonio Jesus Zamudio v. The State — The Atlanta Gleaner