Contreras v. State
314 Ga. App. 825
Ga. Ct. App.2012Background
- Contreras was tried in Gwinnett County and convicted of kidnapping with bodily injury and rape.
- Victim was a 16-year-old girl who was abducted while walking alone on a road.
- Victim was taken to another location and forcibly had sexual intercourse with her.
- DNA analysis on a tissue sample from the victim matched Contreras.
- Victim underwent a vaginal examination after the incident, revealing a vaginal laceration about one centimeter long.
- Court upheld the convictions, rejecting challenges to sufficiency of the bodily-injury element, the Allen charge, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of bodily-injury element | Contreras argues no bodily injury evidenced. | Evidence showed bodily injury via vaginal laceration and pain after examination. | Sufficient evidence shown; bodily injury proven during kidnapping. |
| Allen charge coercion | Allen charge was coercive and improper. | Allen charge was not coercive under circumstances. | No abuse of discretion; charge permissible given deliberations and timing. |
| Effective assistance of counsel (impeachment evidence) | Counsel’s elicitation of prior convictions on direct was ineffective. | Waiver and arguments show no ineffective assistance. | No ineffective assistance; waiver and strategic choice supported. |
Key Cases Cited
- Mayberry v. State, 301 Ga.App. 503, 687 S.E.2d 893 (2009) (bodily-injury element satisfied by any injury during kidnapping)
- Phillips v. State, 284 Ga.App. 683, 644 S.E.2d 535 (2007) (bodily-injury element requires injury, no matter how slight)
- Nelson v. State, 278 Ga.App. 548, 629 S.E.2d 410 (2006) (any physical injury suffices for bodily-injury element)
- Johnson v. State, 278 Ga.136, 598 S.E.2d 502 (2004) (Allen charge discretionary; not abuse when circumstances non-coercive)
- Sears v. State, 270 Ga.834, 514 S.E.2d 426 (1999) (Allen charge not coercive where court cautions jury; consider deferred verdicts)
- Milligan v. State, 307 Ga.App. 1, 703 S.E.2d 1 (2010) (deliberations continuation not abuse of discretion)
- Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984) (ineffective assistance standard (performance and prejudice))