Byrd v. State
325 Ga. App. 24
| Ga. Ct. App. | 2013Background
- On June 7, 2011, three masked men forced entry into a residence, demanded money, assaulted Robert Lo, and stole a purse; victims identified three of the assailants by appearance.
- Police spotted and stopped a dark vehicle near the neighborhood; it fled, crashed during a high-speed chase, and four occupants fled on foot. Officers apprehended three quickly and K-9s found Byrd hiding in a dumpster.
- Items recovered from the vehicle included the victim’s purse, bandanas, .38 ammunition, and bagged marijuana. Byrd confessed to police that he entered the house intending to steal marijuana and that a co-defendant took the purse.
- Byrd was convicted by a jury of armed robbery, two counts of burglary, two counts of aggravated assault (Counts 3 and 4), two counts of possession of a firearm during the commission of a felony, and possession of marijuana with intent to distribute.
- On appeal Byrd argued (1) hearsay errors (officer’s testimony about the GCIC registration and a co-defendant’s out-of-court apology) and (2) ineffective assistance of counsel for failing to object to jury instructions and certain evidentiary matters.
- The Court affirmed all convictions except reversed Count 3 (aggravated assault for striking Lo with a handgun) because trial counsel was ineffective for not objecting to a jury charge that improperly told jurors a firearm was a deadly weapon as a matter of law.
Issues
| Issue | Plaintiff's Argument (Byrd) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of officer's GCIC testimony about vehicle registration | Admission was hearsay; State should have introduced an authenticated GCIC printout | Testimony was proper and tied Byrd to vehicle; any error was harmless | Court: Testimony was hearsay and improperly admitted but harmless given overwhelming evidence; no reversal |
| Ineffective assistance for jury charge stating "a firearm...is a deadly weapon as a matter of law" (Count 3) | Charge removed jury’s province on whether the gun was used as a deadly weapon when alleged as a bludgeon; counsel should have objected | Charge was correct as to firearms generally; no counsel error affecting verdict on other counts | Court: Counsel deficient and prejudice shown as evidence did not prove gun was a deadly weapon per se when used as alleged; conviction on Count 3 reversed |
| Jury instruction phrase allowing statement "except for purposes of impeachment" when defendant did not testify | Phrase could permit jury to consider custodial statement even if Miranda violated; counsel should have objected | Charge, read as whole, correctly required Miranda compliance before considering statement; impeachment clause harmless where Byrd did not testify | Court: No prejudice; instruction, read in context, was correct and any error harmless; ineffective assistance claim denied on this point |
| Admission of victim’s testimony about co-defendant’s apology (hearsay) and counsel’s failure to seek curative relief | Admission implicated Byrd and counsel should have moved for mistrial or curative instruction | Statement was brief/benign and cumulative; overwhelming evidence and Byrd’s confession made any error harmless | Court: Harmless error; counsel’s failure to seek remedy not prejudicial given strength of State’s case |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Ineffective assistance standard)
- Adsitt v. State, 248 Ga. 237 (Firearm used in ordinary manner is deadly weapon per se)
- Gober v. State, 247 Ga. 652 (Whether gun used as deadly weapon can be jury question when used as a bludgeon)
- Green v. State, 277 Ga. App. 867 (Officer testimony of GCIC search is hearsay; printout preferred)
- Holland v. State, 310 Ga. App. 623 (Improper hearsay admission of computer search results may be harmless when evidence is overwhelming)