Bellamy v. State
312 Ga. App. 899
Ga. Ct. App.2011Background
- Bellamy robbed two victims at gunpoint by three men; one gunman banged the gun on windows and demanded wallets; the three fled in a light-colored Lexus with a lookout; Bellamy was later apprehended near the Lexus location and fingerprinted on four spots; both victims identified Bellamy and described his clothing; Bellamy was charged with armed robbery and two counts of possession of a firearm during the commission of a felony; jury acquitted on obstruction and a second armed robbery count; trial included several jury instructions challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury instructions on prior consistent statements and credibility | Bellamy requested/targeted correction | State's position on instruction validity | No reversible error; plain error review unnecessary under waiver/Stepehens framework |
| Single witness credibility instruction under OCGA 24-4-8 | Pattern instruction should have been limited to exceptions | No error given lack of evidence requiring exception | Charge upheld; no error in instructing that single witness can suffice with corroboration where applicable |
| Ineffective assistance of counsel regarding erroneous charges | Counsel's requests caused prejudice | No reasonable probability of different outcome; errors harmless | No ineffective assistance; cumulative analysis shows no prejudice across subclaims |
| Conviction for possession of a firearm during a crime merging with armed robbery | Conceivably merge or vacate one firearm conviction due to acquittal of predicate | No inconsistent verdict rule in Georgia; keep compound offense conviction | No merger required; evidence supports firearm conviction as party to the crime |
Key Cases Cited
- Mitchell v. State, 283 Ga. 341 (2008) (waiver and plain error concepts in jury instructions)
- State v. Kelly, 290 Ga. 29 (2011) (plain error review required when error asserted in jury instructions)
- Stephens v. State, 289 Ga. 758 (2011) (instruction on prior consistent statements should not be routinely given; usually harmless)
- Howard v. State, 288 Ga. 741 (2011) (credibility instruction containing intelligence factor not reversible error)
- Sedlak v. State, 275 Ga. 746 (2002) (court clarified remarks about trial judge expressing opinion during charge)
- Rylee v. State, 288 Ga. App. 784 (2007) (surplusage in jury instruction; no ineffective assistance for failure to object)
- Stovall v. State, 287 Ga. 415 (2010) (inconsistent verdict rule; consolidation of counts with different firearms allowed)
- Daniely v. State, 309 Ga. App. 123 (2011) (full concurrence in upholding firearm conviction despite related acquittal)