Carter v. State, 546 S.E.2d 5 (Ga. Ct. App. 2001). · Go Syfert
Carter v. State, 546 S.E.2d 5 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
“because reasonable apprehension of injury is not the same as simple fear, the testimony that the victim was not afraid of the defendant does not preclude conviction.”
65 citation events (65 in the last 25 years) across 4 distinct courts.
Strongest positive: In the Interest of K.R., a Child (gactapp, 2025-11-03)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 20 distinct citers.
examined Cited as authority (quoted) In the Interest of K.R., a Child (4×) also: Cited "see"
Ga. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
because reasonable apprehension of injury is not the same as simple fear, the testimony that the victim was not afraid of the defendant does not preclude conviction.
discussed Cited as authority (quoted) In the Interest of J.H., a Child v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
because reasonable apprehension of injury is not the same as simple fear, the testimony that the victim was not afraid of the defendant does not preclude conviction.
cited Cited as authority (rule) Tyler Alexander Bass v. State
Ga. Ct. App. · 2024 · confidence medium
“So, if the victim is in reasonable apprehension of an immediate violent injury from a weapon, an aggravated assault has occurred.” Carter v. State, 248 Ga. App. 139, 139 (1) ( 546 SE2d 5 ) (2001).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2012 · confidence medium
Edwards, District Attorney, Matthew Breedon, Assistant District Attorney, for appellee. 1 Placanica v. State, 303 Ga. App. 302 ( 693 SE2d 571 ) (2010) (punctuation and footnote omitted). 2 See Brown v. State, 242 Ga. App. 347, 348 (1) ( 529 SE2d 650 ) (2000). 3 Id. (citations and punctuation omitted). 4 Carter v. State, 248 Ga. App. 139 (1) ( 546 SE2d 5 ) (2001) (citation omitted). 5 Williams v. State, 299 Ga. App. 345, 346-347 ( 682 SE2d 586 ) (2009) (citation omitted). 6 See Ganaway v. State, 282 Ga. 297, 299 (2) ( 647 SE2d 590 ) (2007). 7 Alford v. State, 204 Ga. App. 14, 15 ( 418 SE2d 397 …
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2009 · confidence medium
Carter v. State, 248 Ga. App. 139, 140 ( 546 SE2d 5 ) (2001).
cited Cited as authority (rule) In the Interest of J. W. B.
Ga. Ct. App. · 2009 · confidence medium
Carter v. State, 248 Ga. App. 139, 139-140 (1) ( 546 SE2d 5 ) (2001).
cited Cited as authority (rule) In Re JWB
Ga. Ct. App. · 2009 · confidence medium
Carter v. State, 248 Ga.App. 139, 139-140 (1), 546 S.E.2d 5 (2001).
cited Cited as authority (rule) In the Interest of J. A. L.
Ga. Ct. App. · 2007 · confidence medium
Carter v. State, 248 Ga. App. 139, 139-140 (1) ( 546 SE2d 5 ) (2001).
cited Cited as authority (rule) In Re Jal
Ga. Ct. App. · 2007 · confidence medium
Carter v. State, 248 Ga.App. 139, 139-140 (1), 546 S.E.2d 5 (2001).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2006 · confidence medium
See Sims v. State, 269 Ga. App. 606, 607 (1) ( 604 SE2d 663 ) (2004) (threat of violence against an officer constitutes a terroristic threat); Carter v. State, 248 Ga. App. 139, 139-140 (1) ( 546 SE2d 5 ) (2001) (reasonable apprehension of injury sufficient to support conviction for aggravated assault); Chastain v. State, 163 Ga. App. 678, 679-680 (3) ( 296 SE2d 69 ) (1982) (pulling a knife on an officer sufficient to support conviction for aggravated assault on a police officer).
examined Cited as authority (rule) Lemming v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2005 · confidence medium
Lunsford v. State, 260 Ga.App. 818, 821 (2), 581 S.E.2d 638 (2003); Carter v. State, 248 Ga.App. 139, 140 (1), 546 S.E.2d 5 (2001).
discussed Cited "see" Quindell Montrae Kirby v. Commonwealth of Virginia
Va. Ct. App. · 2014 · signal: see · confidence high
See Brietbach, 35 Va. App. at 607-08 , 546 S.E.2d at 766 (applying Code § 19.2-250(A) and stating that “[t]he relevant question is whether the offense occurred within the . . . [defined] jurisdiction”).
examined Cited "see" Stewart v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2008 · signal: see · confidence high
See Carter v. State, 248 Ga. App. 139, 140 (2) ( 546 SE2d 5 ) (2001); Strickland v. State, 258 Ga. 764, 765 ( 373 SE2d 736 ) (1988).
cited Cited "see" Lunsford v. State
Ga. Ct. App. · 2003 · signal: see · confidence high
See Carter, supra at 140 . 3.
discussed Cited "see, e.g." McKelvin v. State (2×)
Ga. · 2019 · signal: see also · confidence low
See also Carter v. State , 248 Ga. App. 139 (2), 546 S.E.2d 5 (2001) (discussing the relationship between involuntary intoxication and insanity); Rauschenberg v. State , 161 Ga. App. 331 , 331, 291 S.E.2d 58 (1982) (recognizing that, "Georgia law presumes the sanity of a defendant" and that the defense of involuntary intoxication requires an accused to "establish he did not have sufficient mental capacity to distinguish between right and wrong in relation to such act"). 2 Accordingly, though involuntary intoxication is not specifically referenced in Rule 31.5, the trial court correctly *732 co…
discussed Cited "see, e.g." McKELVIN v. State (2×)
Ga. · 2019 · signal: see also · confidence low
See also Carter v. State, 248 Ga. App. 139 (2) ( 546 SE2d 5 ) (2001) (discussing the relationship between involuntary intoxication and insanity); Rauschenberg v. State, 161 Ga. App. 331, 331 ( 291 SE2d 58 ) (1982) (recognizing that, “Georgia law presumes the sanity of a defendant” and that the defense of involuntary intoxication requires an accused to “establish he did not have sufficient mental 6 capacity to distinguish between right and wrong in relation to such act”).2 Accordingly, though involuntary intoxication is not specifically referenced in Rule 31.5, the trial court correctly…
discussed Cited "see, e.g." George Luis Aguirre v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Carter v. State, 248 Ga. App. 139, 140-141 (2) ( 546 SE2d 5 ) (2001) (sufficient evidence to convict of obstruction despite intoxication). 4 Judgment affirmed.
discussed Cited "see, e.g." Aguirre v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Carter v. State, 248 Ga. App. 139, 140-141 (2) ( 546 SE2d 5 ) (2001) (sufficient evidence to convict of obstruction despite intoxication).
discussed Cited "see, e.g." Watts v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Carter v. State, 248 Ga. App. 139, 140 (1) ( 546 SE2d 5 ) (2001).
discussed Cited "see, e.g." Taryn Lashae Watts v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Carter v. State, 248 Ga. App. 139, 140 (1) ( 546 SE2d 5 ) (2001).
Carter
v.
the State
A00A2596.
Court of Appeals of Georgia.
Feb 19, 2001.
546 S.E.2d 5
William C. Bushnell, for appellant., Harry N. Gordon, District Attorney, William W. Tanner, Assistant District Attorney, for appellee.
Pope, Miller, Mikell.
Cited by 25 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Court of Appeals of Georgia (2)
Pope, Presiding Judge.

Lisa Marie Carter was tried by a jury and convicted of aggravated assault with a knife and felony obstruction. She contends that the conviction for aggravated assault was improper because the victim was unafraid. She also challenges both convictions on the ground that she did not have the mental capacity to distinguish between right and wrong.

1. “On appeal from a criminal conviction, the evidence must be construed in the light most favorable to support the verdict, and an appellant no longer enjoys the presumption of innocence.” (Citation and punctuation omitted.) Hight v. State, 221 Ga. App. 574 (1) (472 SE2d 113) (1996). “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. [Cit.]” (Punctuation omitted.) Jackson v. State, 236 Ga. App. 260, 261 (511 SE2d 615) (1999).

A simple assault is defined as an act which places another in reasonable apprehension of immediately receiving a violent injury. OCGA § 16-5-20 (a) (2). An assault becomes aggravated in certain ways, including when it is perpetrated by use of a deadly weapon. OCGA § 16-5-21 (a) (2). So, if the victim is in reasonable apprehension of an immediate violent injury from a weapon, an aggravated assault has occurred. Dunagan v. State, 269 Ga. 590, 593 (2) (b) (502 SE2d 726) (1998). Because reasonable apprehension of injury is not the same as simple fear, the testimony that the victim was not afraid of the defendant does not preclude conviction. Hicks v. State, 211 Ga. App. 370, 373 (1) (439 SE2d 56) (1993).

The indictment charged that Carter assaulted Rony Lucero with a knife. Lucero testified that he was talking with some friends outside an apartment when Carter, whom he had never met before, approached. Although Lucero speaks only a little English, he understood that Carter was asking for help and claiming that someone was trying to harm her. But she looked like she was under the influence of alcohol or drugs, and the men ignored her. Carter walked away but returned and pulled out a knife. She “showed the knife and threatened them.” When asked if he was afraid of getting cut, Lucero said, “No, not. . . . We were cautious about it.” When she waved the knife, the men went inside the apartment and locked the door. When asked why they went inside, Lucero said, “Because she has a knife.” On cross-examination, he said that he was not really afraid of being “touched.” But he added, “I was not that afraid. I was just being cautious.” After the close of the cross-examination, the court asked the question again: “Were you or were you not afraid of what she might[*140] do to you with that knife?” Lucero responded, “I was a little afraid, but more than anything else, I was cautious.”

Lucero’s testimony amounts to some evidence of reasonable apprehension of injury. He testified that he was a little afraid and cautious, and he took measured steps to protect himself. The evidence was sufficient under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. After the assault, the men called the police and Carter was eventually taken into custody. The testimony is clear that Carter was very uncooperative and difficult to handle and that she eventually “head-butted” a female officer, breaking her nose, which led to the conviction for felony obstruction.

Carter argues that neither conviction can stand because, as a result of combining alcohol and prescription medication, she did not have the mental capacity to distinguish between right and wrong.

OCGA § 16-3-2 provides that a person shall not be found guilty of a crime if “the person did not have mental capacity to distinguish between right and wrong” in relation to the act. OCGA § 16-3-4 (a) adds that a person may not be found guilty if he or she cannot distinguish between right and wrong because he or she is involuntarily intoxicated. But “[v]oluntary intoxication shall not be an excuse for any criminal act or omission.” OCGA § 16-3-4 (c). “OCGA § 16-3-4 limits the reach of OCGA § 16-3-2 so that the inability to distinguish between right and wrong is not a defense if the inability is a consequence of voluntary intoxication.” (Emphasis in original.) Foster v. State, 258 Ga. 736, 744 (10) (374 SE2d 188) (1988).

It is undisputed that prior to the actions that led to her arrest, Carter consumed alcohol while on prescription medication in direct contradiction of a doctor’s orders. Carter was cross-examined about it as follows:

Question: Doctor Orr told you particularly in relation to the Ativan, Desyrel, and Zoloft that drinking alcohol was a very bad idea, didn’t he?
Answer: Uh-huh.
Question: And you did it anyway?
Answer: Yes.
Question: And you substituted your experiences with alcohol and these drugs for Doctor Orr’s experience in the field. You substituted your judgment for his and took a drink that day, right?

Answer: Yes.

Carter went on to explain that she had never previously had a side effect from these drugs, not even with alcohol.

[*141] Decided February 19, 2001. William C. Bushnell, for appellant. Harry N. Gordon, District Attorney, William W. Tanner, Assistant District Attorney, for appellee.

The jury was fully instructed regarding the above law including that they could find Carter not guilty if her alleged impaired state was caused by being intoxicated as a result of “excusable ignorance.” See OCGA § 16-3-4 (b) (1). Carter’s defense of involuntary intoxication was properly presented to the jury. See generally Johnson v. State, 235 Ga. 486, 490-491 (1), (2) (220 SE2d 448) (1975); Burchfield v. State, 219 Ga. App. 40, 41 (1) (464 SE2d 27) (1995). There was sufficient evidence for a rational trier of fact to find beyond a reasonable doubt that she was not involuntarily intoxicated. Jackson v. Virginia, 443 U. S. 307.

Judgment affirmed.

Miller and Mikell, JJ, concur.