Moran v. GeorgiaAnnotate this Case
Appellant Misty Sunshine Moran appealed her convictions malice murder, felony murder (attempt to rob), felony murder (aggravated assault), criminal attempt to commit armed robbery, conspiracy to commit a crime, aggravated assault (with a deadly weapon), aggravated assault (with intent to rob), aggravated assault (with intent to murder), four counts of possession of a firearm during the commission of a crime, possession of a firearm by a convicted felon, and two counts of participation in criminal street gang activity. Appellant and her friends conspired to rob a taxi driver. Appellant called for a taxi to pick her up, while her friends followed the taxi in a separate car which was to serve as the “getaway” vehicle. During the ride, appellant pulled a gun on the victim and demanded money. When the victim begged for his life and then attempted to exit the vehicle, appellant shot him in the back of the head. Although shot, the victim’s foot remained on the gas pedal and the vehicle continued to move, eventually crashing into a tree in a wooded area off the road. Appellant exited the vehicle before it crashed. When appellant met up with her friends again, she tried to get them to collect any money inside the taxi, but they refused to do so upon seeing the carnage at the crash site. The group then decided to burglarize a home. Later that night, appellant and one of her compatriots hid the gun under a cement slab in appellant’s driveway; however, appellant eventually returned the gun, which was a 9 millimeter gun, to the person from whom she had borrowed it. On appeal to the Georgia Supreme Court, appellant argued the evidence was insufficient to sustain her convictions, and that the trial court erred in certain evidentiary rulings. Finding no reversible error, the Supreme Court affirmed appellant’s convictions.