Benton v. State
301 Ga. 100
Ga.2017Background
- On May 29, 2013 Drexel Berry was shot after returning to an apartment complex where Freedell Benton III and others confronted him; eyewitnesses and video showed Benton and co-defendant Quantavious Guffie chase and fire at Berry. Berry later died of multiple gunshot wounds.
- Police recovered ten 9mm and one .380 shell casings in the courtyard and traced a blood trail from the courtyard to the location where Berry was found; venue was established through testimony placing the scene in Fulton County.
- Benton was indicted for malice murder, two counts of felony murder, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a jury convicted him on all counts after a January 2014 trial.
- The trial court sentenced Benton to life without parole for malice murder and five consecutive years for possession of a firearm during a felony, and purported to merge the remaining counts into the malice murder sentence. Benton’s motion for new trial was denied; he appealed.
- The Georgia Supreme Court found the evidence sufficient to support the convictions, rejected Benton’s challenges to juror-submitted questions and admission of autopsy photos, rejected most ineffective-assistance claims, but held the possession-by-a-convicted-felon count does not merge into malice murder and remanded for resentencing on that count.
Issues
| Issue | Benton’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Conviction unsupported by evidence | Eyewitnesses, video, shell casings, blood trail, and medical evidence support convictions | Evidence sufficient; convictions affirmed (Jackson standard) |
| Sentencing merger | Possession-by-convicted-felon was merged into malice murder | Possession count should be separately sentenced | Possession-by-convicted-felon does not merge into malice murder; vacate portion of sentence and remand for resentencing (Chester/Hulett) |
| Juror-submitted questions | Trial court erred by rephrasing juror questions or permitting questions | Court followed Georgia procedure: review and propriety check, then posed questions | No error; court properly reviewed and rephrased questions within discretion (Allen, Dickens) |
| Admission of autopsy photos | Admission was plain error and unduly prejudicial | Photos were relevant to injury location/path and not overly gruesome; trial court applied Rule 403 discretion | No plain error; photos admissible and probative (Rule 403 analysis) |
| Ineffective assistance of counsel | Counsel failed to object to witness testimony, photos, suggestive photo array, disclose convictions, and investigate (missed recording) | Strategic decisions presumed reasonable absent trial testimony; counsel addressed recording and impeached witness via other means | Most claims fail for lack of proof or presumed strategy; failure-to-prepare claim lacked prejudice because counsel used recording and attacked credibility; no relief granted on ineffective assistance grounds |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Chester v. State, 284 Ga. 162 (possession-by-convicted-felon does not merge into malice murder)
- Williams v. State, 287 Ga. 192 (overruling on other grounds referenced)
- Harper v. State, 286 Ga. 216 (merger discussion)
- Hulett v. State, 296 Ga. 49 (sentencing when no merger occurred)
- Allen v. State, 286 Ga. 392 (procedure for juror-submitted questions)
- Hernandez v. State, 299 Ga. 796 (juror question authority)
- Dickens v. State, 280 Ga. 320 (trial judge may propound and rephrase questions)
- State v. Kelly, 290 Ga. 29 (plain error test framework)
- Plez v. State, 300 Ga. 505 (Rule 403 and admission of photos)
- Moss v. State, 298 Ga. 613 (photographs corroborating eyewitness accounts)
- Allaben v. State, 299 Ga. 253 (admission of multiple photos showing different perspectives)
- Redding v. State, 297 Ga. 845 (prejudice inquiry in ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective assistance standard)
- Washington v. State, 285 Ga. 541 (strategic decisions presumed reasonable)
- Fuller v. State, 277 Ga. 505 (Strickland application)
- Robinson v. State, 277 Ga. 75 (appellate review of trial court findings)
- Chapman v. State, 275 Ga. 314 (venue proof via public official testimony presumption)
- Jones v. State, 299 Ga. 40 (plain error review under new Evidence Code)
- Wallace v. State, 294 Ga. 257 (notice of prior convictions and prejudice)
- Malcolm v. State, 263 Ga. 369 (vacatur of felony murder counts by operation of law)