Brooks v. State, 323 Ga. App. 681

Brooks was convicted of armed robbery under OCGA § 16-8-41 (a) after a jury trial and appeals the denial of his motion for new trial.
The victim, after leaving a club, was robbed at a Taco Bell drive-thru by Brooks and two associates who followed him after initial contact at a convenience store.
The three suspects rummaged the victim’s car, taking the wallet, camera, cell phone, and other items; Payne also threatened to kill the victim if reported.
Brook’s accomplice Murray testified at trial; the State also presented victim identification and physical recovery of items.
Brooks contends trial counsel was ineffective for not subpoenaing his girlfriend or phone records; the State nolle prossed two obstruction counts, and the judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports armed robbery conviction	Brooks; argument relies on accomplice testimony	Brooks; argument that acquittal should stem from insufficient corroboration of accomplice	Evidence sufficient to sustain conviction
Whether trial counsel was ineffective for not calling girlfriend or subpoenaing records	Brooks; strategy flaw prejudiced defense	State; strategy is trial-based and not deficient	No ineffective assistance; decisions were reasonable strategy

Sellers v. State, 294 Ga. App. 536 (2008) (accomplice testimony need not be sole basis for conviction)
Reed v. State, 293 Ga. App. 479 (2008) (victim testimony may suffice alone)
Bryson v. State, 316 Ga. App. 512 (2012) (flight may support guilt inference)
Dickens v. State, 280 Ga. 320 (2006) (trial strategy considerations in witness decisions)
Felder v. State, 286 Ga. App. 271 (2007) (proving ineffective assistance requires proffer or testimony)
Manriquez v. State, 285 Ga. 880 (2009) (uncalled witness testimony required to prove prejudice)
Goss v. State, 305 Ga. App. 497 (2010) (standard of review for sufficiency of evidence)