Cook v. the State
338 Ga. App. 489
| Ga. Ct. App. | 2016Background
- On May 6, 2012, C.M. attended a family gathering where Timothy Cook (her sister’s boyfriend) gave her drinks; C.M. became ill, vomited, passed out, and later awoke with Cook having had sexual intercourse with her. Cervical swabs later showed Cook’s DNA.
- C.M. reported the assault immediately; hospital sexual-assault exam and police investigation followed. Blood drawn ~13 hours later showed only Paxil, no benzodiazepines or other sedatives.
- Two other women testified to prior sexual assaults by Cook while they were incapacitated or nonconsenting (J.D. and I.M.).
- Cook testified the intercourse with C.M. was consensual and challenged the drugging evidence; his first-offender plea for a prior false-imprisonment charge was entered April 9, 2012 and revoked (adjudication of guilt) on May 10, 2012.
- A jury convicted Cook of rape; trial court denied new trial. Cook appealed arguing (1) insufficient evidence, (2) erroneous jury instructions, (3) ineffective assistance of counsel, and (4) improper recidivist sentencing. The court affirmed the conviction, found no reversible instructional or counsel errors, but vacated the recidivist sentence and remanded for resentencing.
Issues
| Issue | Cook's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support rape conviction | C.M. consented; lack of drug evidence undermines incapacity claim | Victim’s testimony, immediate outcry, DNA, and similar-transaction evidence suffice | Evidence sufficient; victim’s testimony showing incapacitation supports lack of consent and constructive force |
| Jury instructions (constructive force; proof beyond reasonable doubt) | Instructions failed to require intent or proper proof of lack of consent; preserved at charge conference | Instructions correctly stated law; no contemporaneous objection to charge as given; no plain error | No error: instructions correct and State had to prove elements beyond reasonable doubt; plain-error not shown |
| Ineffective assistance of counsel (multiple allegations) | Counsel failed to request contemporaneous limiting instruction for similar acts, failed to object to toxicologist testimony or present defense expert, and failed to remove a juror | Counsel obtained limiting instructions, cross‑examined the toxicologist, employed a reasonable trial strategy (attack credibility), and exercised strategic juror choices | No ineffective assistance: objections would be meritless or were strategic; no prejudice shown given strong evidence of guilt |
| Recidivist sentencing under OCGA §17-10-7(a) | Cook argued he was improperly sentenced as a recidivist because his prior felony conviction (adjudication) occurred after the May 6, 2012 rape | State conceded error | Sentence vacated and remanded for resentencing because the prior adjudication occurred after the instant offense; recidivist statute requires prior conviction before commission of subsequent felony |
Key Cases Cited
- Pye v. State, 322 Ga. App. 125 (evidentiary sufficiency and jury charge/plain-error discussion)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- Demetrios v. State, 246 Ga. App. 506 (constructive force where victim incapable of consent)
- Davis v. State, 273 Ga. 14 (first offender plea does not constitute a conviction until adjudication)
- Hobbs v. State, 334 Ga. App. 241 (statutory interpretation favoring defendant; recidivist sentencing principles)