Armstrong v. State
325 Ga. App. 33
Ga. Ct. App.2013Background
- Armstrong was convicted after a jury trial of seven counts of aggravated assault; he appeals the convictions and the denial of a motion for new trial on multiple grounds, including jury instructions, admissibility of witness testimony, juror replacement, evidentiary sufficiency, and ineffective assistance; at trial the State’s evidence included the robbery at Thai Video Store, the owner’s death, and accompanying cellphone records and co-defendant testimony via Armstrong’s live-in girlfriend Teresa Anderson; Anderson testified that Armstrong confessed participation and provided stolen proceeds; cellphone records placed Armstrong near the scene around the time of the robbery; the jury acquitted on some charges and the court directed verdicts on others; the Georgia evidentiary rules noted OCGA sections involved have changed but applicable rules were carried forward.
- Armstrong challenges: (1) sufficiency of the evidence to place him at the scene; (2) failure to give a confession-admission instruction; (3) ineffective assistance for not requesting the confession instruction; (4) improper character evidence; (5) sleeping juror issue; (6) lack of speedy-trial within two terms and related claims, all challenged in various combinations.
- The State argues the evidence, including Anderson’s corroborated confession and circumstantial evidence, was sufficient; the trial court’s failure to instruct on confessions was harmless given corroboration; any ineffective-assistance claims are unproven; and waivers apply to the juror-sleeping and speedy-trial issues.
- The Court affirms.
- Armstrong waived appellate review of the two-terms speedy-trial issue for not raising it below; even if raised, waiver by counsel was proper; several evidentiary and instructional challenges were deemed harmless or waived; the sufficiency of the evidence supported the verdict; no reversible error found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Armstrong insists lack of direct identification and fingerprints means insufficient evidence | State relied on circumstantial evidence and Anderson’s corroborating testimony | Sufficient evidence to support conviction |
| Failure to give confession instruction | Trial court should have given OCGA 24-3-53 confession-admission charge | No written request; harmless error | Not reversible error; harmless error given corroboration |
| Ineffective assistance re: confession instruction | Counsel's failure to request charge prejudiced defense | No prejudice; other evidence corroborated confession | No reversible prejudice; ineffective-assistance claim fail |
| Sleeping juror and lack of curative action | Trial court should replace sleeping juror | No evidence of actual sleeping; discretionary action sufficient | Waived; no abuse of discretion in remedial actions |
| Speedy-trial demand not within two terms | Not tried within two terms after speedy-trial demand | Waived by counsel’s withdrawal of demand; applicable law | Waived; and no remand warranted |
Key Cases Cited
- Roberts v. State, 322 Ga. App. 659 (Ga. App. 2013) (circumstantial evidence can convict beyond reasonable doubt)
- Bowley v. State, 261 Ga. 278 (1981) (harmless error when confessions not charged properly)
- Farley v. State, 314 Ga. App. 660 (Ga. App. 2012) (failure to give requested charge not reversible absent harm)
- Mathis v. State, 293 Ga. 837 (Ga. 2013) (juror sleep remedy actions within trial court discretion)