Andrews v. State
307 Ga. App. 557
Ga. Ct. App.2011Background
- Andrews was convicted by jury of interference with government property, felony obstruction of an officer, and escape; sentenced to five years on Count 1, five years consecutive on Count 2, and twelve months concurrent on Count 3.
- Deputy Travis White, with eight years’ experience, responded to a 911 domestic disturbance at Andrews’s home on March 9, 2008; Andrews initially allowed entry but then resisted and fought White.
- Andrews controlled the confrontation, approached White with a fighting stance, resisted handcuffing, and spat in White’s face after being placed in a patrol car.
- White ultimately subdued Andrews after pepper spray and force; Andrews escaped by kicking out the patrol car window and fleeing into the woods.
- At trial, the daughter and wife gave statements different from White’s account, and Andrews testified contradicting White; the jury resolved credibility issues in favor of the State.
- On appeal, Andrews challenged the sufficiency of the felony obstruction evidence, the trial court’s handling of White’s courtroom presence, and the use of a prior sexual battery conviction at sentencing; he also argued ineffective assistance of counsel regarding the latter issue, all of which the appellate court addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of felony obstruction evidence | Andrews argues evidence supports only misdemeanor obstruction | State contends evidence showed intent to resist by offering violence | Sufficient evidence supports felony obstruction |
| Courtroom presence of the lead investigator | Andrews claims sequestration violation and ineffective assistance for failure to object | State and trial court properly permitted presence; no prejudice shown | No reversible error; no ineffective assistance shown |
| Use of prior conviction at sentencing | State violated notice and Andrews was prejudiced | Any error harmless; trial court stated it did not rely on it | Waived; even if reviewed, no reversal because court did not rely on it in sentencing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence examined on appeal)
- Wilcox v. State, 300 Ga.App. 35 (Ga. App. 2009) (credibility and corroboration considerations in evidence review)
- Johnson v. State, 255 Ga. App. 537 (Ga. App. 2002) (conflicts in testimony are for the jury to resolve)
- Vaughn v. State, 301 Ga. App. 391 (Ga. App. 2009) (jurors resolve witness credibility and conflicts in evidence)
- Purvis v. State, 301 Ga. App. 648 (Ga. App. 2009) (evaluation of prejudice when witness testimony is independent)