Higuera-Guitterrez v. GeorgiaAnnotate this Case
Rogelio Higuera-Guitterrez was indicted for two counts of malice murder, four counts of felony murder, two counts of aggravated assault with a deadly weapon, consipiracy to traffic cocaine, and two counts of possession of a firearm during the commission of a crime. Guitterrez argued on appeal that some of the evidence produced at trial was insufficient to support his conviction as a party to the crimes for which he was found guilty. The Supreme Court, after review, concluded that the State failed to elicit any evidence showing that Guitterrez was participating in the criminal scheme either before or during the actual commission of the crimes. Although the State and the trial court relied on Guitterrez’s actions and knowledge after the commission of the crimes to support his convictions, this evidence was insufficient to satisfy the standard of OCGA 16-2-20. “At best, it would show that Guitterrez was an accessory after the fact, not a party to the crimes.” The State, however, did not charge Guitterrez with being an accessory after the fact. Therefore, the Court reversed the judgment and remanded for further proceedings.