WALKER v. the STATE.
Court of Appeals of Georgia
1Concurring in part, dissenting in partBarnes, Presiding Judge
Because there was sufficient evidence to support the asportation element of kidnapping under the test enunciated in Garza v. State , 284 Ga. 696, 702 (1), 670 S.E.2d 73 (2008), I would affirm the kidnapping conviction. Accordingly, I respectfully dissent in part from the majority opinion.1
In the present case, the forced movement of the victim occurred after the armed robbery was complete and was not an inherent part of that offense. The majority, however, concludes that the Garza test *308for asportation was not satisfied because the victim's movement was minimal in duration and distance and the…
2Cases cited9 opinions
- Garza v. StateSupreme Court of Georgia · 2008
- Inman v. StateSupreme Court of Georgia · 2014
- Flores v. StateCourt of Appeals of Georgia · 2009
- Wilkerson v. HartSupreme Court of Georgia · 2014
- Levin v. MoralesSupreme Court of Georgia · 2014
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