Barstad v. the State
329 Ga. App. 214
Ga. Ct. App.2014Background
- Barstad was convicted by a jury of burglary, theft by taking, and obstruction of an officer.
- DNA from Barstad or his identical twin was found on a Coke Zero can inside the victim’s house.
- Recovered property from the home where Barstad resided belonged to the victim and not Barstad.
- Police attempted to arrest Barstad; he fled and was tasered, leading to his arrest.
- State sought recidivist punishment and notified Barstad in discovery and notices prior to trial.
- On appeal, Barstad challenged sufficiency of evidence, notice for recidivism, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary/theft by taking | Barstad argues DNA alone proves guilt. | State contends circumstantial and DNA evidence together support guilt. | Evidence sufficient to sustain convictions. |
| Adequacy of notice for recidivist sentencing | Notice did not adequately inform use of Florida convictions. | Notice provided via GCIC and multiple notices; adequate. | Notice adequate; sentencing affirmed. |
| Authority to combine Georgia and Florida priors for recidivist | Three priors must be all from same jurisdiction. | Not properly raised below; issue waived. | waived; cannot reach on appeal. |
| Ineffective assistance for not hiring DNA expert | DNA expert could have changed outcome. | No prejudice shown; other evidence linked Barstad to crime. | No ineffective assistance shown; affirmed. |
Key Cases Cited
- Pyburn v. State, 301 Ga. App. 372 (Ga. App. 2009) (standard for reviewing sufficiency on appeal)
- Roberts v. State, 309 Ga. App. 681 (Ga. App. 2011) (circumstantial evidence sufficiency; gaps may be bridged)
- Nangreave v. State, 318 Ga. App. 437 (Ga. App. 2012) (bare possibilities not required to be disproved)
- Evans v. State, 290 Ga. App. 746 (Ga. App. 2008) (notice sufficiency for aggravation of punishment)
- Parks v. State, 294 Ga. App. 646 (Ga. App. 2008) (GCIC notice suffices for aggravation evidence)
- Young v. State, 245 Ga. App. 684 (Ga. App. 2000) (notice of aggravation evidence based on GCIC report)
- Durham v. State, 309 Ga. App. 444 (Ga. App. 2011) (circumstantial evidence and flight as guilt indicators)
- Jefferson v. State, 273 Ga. App. 61 (Ga. App. 2005) (unexplained possession and similar transactions support guilt)