Alexis v. State
313 Ga. App. 283
Ga. Ct. App.2011Background
- Todd Alexis was convicted in DeKalb County jury trial of two counts armed robbery, two counts aggravated assault with intent to rob, and one count attempt to commit armed robbery.
- The incidents occurred on Sept. 22, Sept. 25, and Sept. 30, 2008 in DeKalb County, Georgia.
- The victims identified Alexis and the car and weapons used in each robbery.
- Co-defendants testified Alexis was a participant; fingerprints and cell phones linked Alexis to the crimes.
- The State sought to admit State’s Exhibits 19 and 19A, photographs depicting Alexis with a silver handgun.
- Alexis challenged the venue proof for the Sept. 22 armed robbery and asserted ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Alexis argues counsel’s performance prejudiced him by failing to object to hearsay and closing remarks. | Alexis asserts trial counsel should have objected to hearsay and bolstering statements by the prosecutor. | No deficient performance; strategy and context supported trial tactics. |
| Admission of State’s Exhibits 19 and 19A | State failed to authenticate and the photo was unduly prejudicial. | Photo authenticated through witness testimony; probative value outweighed prejudice. | Photographs properly authenticated and their probative value outweighed prejudice. |
| Venue as to Sept. 22 armed robbery | Venue proof was insufficient beyond reasonable doubt for that robbery. | Evidence including victim's location, co-defendants’ observations, and officer’s area familiarity supports venue. | Venue proven beyond a reasonable doubt for Sept. 22 robbery. |
Key Cases Cited
- Jones v. State, 272 Ga. 900 (2000) (venue must be proved beyond a reasonable doubt)
- Bruce v. State, 252 Ga. App. 494 (2001) (venue may be shown by direct or circumstantial evidence)
- Ward v. State, 270 Ga. App. 427 (2004) (intersection within county supports venue)
- Grier v. State, 273 Ga. 363 (2001) (reasonable tactics; not all defense failures = deficient performance)
- Davis v. State, 253 Ga. App. 803 (2002) (photographic authentication allowed via witness familiar with subject)
- Wegman-Fakunle v. State, 277 Ga. App. 198 (2006) (photograph probative value vs. prejudice; discretion of trial court)
- Polke v. State, 203 Ga. App. 306 (1992) (photograph admissibility; probative value)
- Manley v. State, 284 Ga. 840 (2009) (response to defense accusations; permissible prosecutorial argument)
- Adams v. State, 283 Ga. 298 (2008) (prosecutor's closing argument may be permissible; not ineffective assistance)
- Robinson v. State, 277 Ga. 75 (2003) (standard Strickland analysis applied)