Berry v. State
318 Ga. App. 806
Ga. Ct. App.2012Background
- Berry was convicted after a jury trial of multiple cocaine, marijuana, and firearm offenses.
- On appeal from convictions, Berry challenged the denial of his motion to suppress, ineffective assistance of counsel, and the sufficiency of the evidence.
- Police stopped Berry’s red 2004 Chevrolet Silverado for illegally tinted windows based on a drug-trafficking surveillance plan.
- Berry consented to a search; officers found a loaded revolver, concealed marijuana, a digital scale, and drugs in the truck bed and hidden compartments.
- Berry argued the bed-area search exceeded the scope of his consent, but the court held the consent reasonably extended to the bed.
- The court affirmed on all issues, concluding the stop was lawful, the counsel’s performance was deficient but not prejudicial, and the evidence supported the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the vehicle search within the scope of consent? | Berry argues consent exceeded scope. | Berry contends scope included only passenger compartment. | Search within scope; denial of suppression affirmed. |
| Did defense counsel's handling of the police report constitute ineffective assistance? | Counsel admitted a prejudicial police report and failed to limit it. | Counsel acted without strategic purpose; performance deficient. | Deficient performance; but no prejudice established. |
| Was the evidence sufficient to sustain the convictions? | Evidence did not support all convictions beyond reasonable doubt. | Evidence, including possession presumptions, supports guilt. | Evidence sufficient to sustain convictions. |
Key Cases Cited
- Ware v. State, 309 Ga.App. 426 (Ga. Ct. App. 2011) (motion to suppress review considers all record evidence)
- McNeil v. State, 248 Ga. App. 70 (Ga. Ct. App. 2001) (stop not pretextual when officer witnesses a traffic violation)
- Suggs v. State, 272 Ga. 85 (Ga. 2000) (trial court may read exhibits during closing with proper rulings)
- Whitaker v. State, 276 Ga.App. 226 (Ga. Ct. App. 2005) (unredacted bad-character evidence can be deficient performance)
- Emilio v. State, 263 Ga.App. 604 (Ga. Ct. App. 2003) (failure to redact bad-character evidence can be deficient performance)
- Johnson v. State, 195 Ga.App. 577 (Ga. Ct. App. 1990) (precedent on evidentiary impact of prior charges)
- Davis v. State, 297 Ga.App. 319 (Ga. Ct. App. 2009) (consent and scope considerations in vehicle searches)
- Varriano v. State, 312 Ga.App. 266 (Ga. Ct. App. 2011) (scope of consent measured by officer's questions and reasonable understanding)
- Strickland v. Washington, 466 U.S. 668 (Sup. Ct. 1984) (ineffective-assistance standard: deficient performance plus prejudice)
- Jackson v. Virginia, 443 U.S. 307 (Sup. Ct. 1979) (sufficiency of the evidence standard)