Sands v. State
| Decision Date | 16 July 1992 |
| Docket Number | No. S92A0507,S92A0507 |
| Citation | 262 Ga. 367,418 S.E.2d 55 |
| Court | Georgia Supreme Court |
| Parties | SANDS v. The STATE. |
Ralph M. Hinman, Dalton, for Sands.
Jack O. Partain, Dist. Atty., Kermit N. McManus, Asst. Dist. Atty., Dalton, Michael J. Bowers, Atty. Gen., susan V. Boleyn, Sr. Asst. Atty. Gen., Dept. of Law, Atlanta, for State.
Robert D. McCullers, Staff Atty., Atlanta.
Robin M. Sands was indicted with Darrell Rodencal for the malice murder, felony murder, and armed robbery of Troy Lawson and theft of his vehicle. The evidence shows that Lawson was hit on the back and front of the head, dragged 175 feet over rocks from a railroad trestle, and hidden in the woods next to a creek. His wallet was taken from his body and his truck driven to Wisconsin. The jury convicted Sands of felony murder, armed robbery, and theft. We affirm. 1
1. Sands alleges there was insufficient evidence to support her convictions. She argues that the sole evidence of a robbery is her own statement which is uncorroborated by other evidence, her only role was as an after-the-fact lookout, and mere presence at the scene of a crime is insufficient to support a conviction.
Although an uncorroborated confession cannot support a conviction under OCGA § 24-3-53, corroboration of a confession in any particular satisfies the requirements of the statute. Brown v. State, 253 Ga. 363, 364, 320 S.E.2d 539 (1984). Trial testimony corroborated her claims that she was in Dalton and at the railroad trestle at the time of the murder, Lawson was killed by being struck on the head with a tire iron and another instrument, and he was dragged from the trestle to the creek where he was found with his head resting on one arm. In addition, there was independent evidence that Sands and Rodencal fled to Wisconsin in Rodencal's car and Lawson's truck because police found Sands, Rodencal, and both vehicles in Wisconsin within ten days of the murder.
2. Participants to a crime may be convicted although they are not the actual perpetrator of the crime. Tho Van Huynh v. State, 257 Ga. 375, 377, 359 S.E.2d 667 (1987). "Mere presence at the scene is not sufficient to convict one of being a party to a crime," but criminal intent may be inferred from conduct before, during, and after the commission of the crime. Jones v. State, 242 Ga. 893, 252 S.E.2d 394 (1979).
Sands made several statements to police in which she admitted going with Rodencal to the trestle, knowing that he intended to take money from Lawson and might be planning to harm him. According to Sands, she watched Rodencal and a man named John strike Lawson on the head, acted as a lookout while they hid the body, and watched them count the money taken from Lawson. She assisted in the theft of the truck by driving Rodencal's car from the trestle and accompanied him to Wisconsin where they abandoned the truck and he disposed of other evidence of the crimes....
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...existed as to each of the murders. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Sands v. State, 262 Ga. 367, 368(2), 418 S.E.2d 55 (1992); OCGA § 17-10-30(b)(2) and Jury Selection 2. The trial court did not err by allowing a Harris County jury commissioner, who t......
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