Crankshaw v. the State
336 Ga. App. 700
| Ga. Ct. App. | 2016Background
- Defendant Ronya Crankshaw and co-conspirator Yvonne Parker operated a prescription-pill ring from their Monroe, GA home, recruiting addicts to obtain oxycodone/roxycodone prescriptions and supplying them with pills, money, lodging, and food in exchange for pills.
- Crankshaw was charged and convicted by a jury of: conspiracy to possess oxycodone with intent to distribute, conspiracy to possess roxycodone with intent to distribute, criminal attempt to sell oxycodone, and possession of oxycodone with intent to distribute.
- Evidence at trial included financial records, a notebook listing pharmacies, pill bottles, witness testimony that Crankshaw drove/coordinated trips to clinics/pharmacies, instructed purchasers how to avoid detection, and arranged sales (including an agreed sale of 300 oxycodone pills).
- After arrest, Parker died of an oxycodone overdose; the State sought to admit Parker’s out-of-court statements.
- Crankshaw’s motion for new trial was denied; she appealed challenging sufficiency of evidence, admission of alleged hearsay, counsel effectiveness, and sentence merger of attempt and possession counts.
Issues
| Issue | Crankshaw’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Evidence only shows Parker’s guilt; insufficient to convict Crankshaw | Evidence showed active participation by Crankshaw (supplying pills, arranging trips, directing others, arranging sale) supporting convictions | Affirmed — viewing evidence for jury, there was sufficient evidence to convict |
| Admission of alleged hearsay (Parker’s statements) | Admission was error and prejudicial | No contemporaneous objection was made; claim waived; no plain error given overwhelming evidence | Waived; no plain error shown |
| Ineffective assistance of counsel (multiple grounds: failure to convey plea; not objecting to in limine hearsay; best-evidence objections; hearsay objections at trial) | Counsel failed professionally and prejudicially in each respect | Counsel testified he communicated plea, chose tactics (not object) to support defense theory, and no prejudice shown even if objections omitted | Denied — Crankshaw failed to prove deficient performance and resulting prejudice |
| Merger of attempt to sell and possession with intent | Attempt and possession are same conduct and should merge for sentencing | Each offense requires proof of a fact the other does not (substantial step for attempt; possession element for possession) | No merger — convictions may stand and be separately sentenced |
Key Cases Cited
- Reese v. State, 270 Ga. App. 522 (standard of review: view evidence in light most favorable to verdict)
- Owens v. State, 334 Ga. App. 203 (court will not weigh evidence or assess witness credibility on appeal)
- Atkinson v. State, 280 Ga. App. 635 (overwhelming evidence supports conviction)
- Cotton v. State, 297 Ga. 257 (failure to object waives hearsay challenge)
- Hurt v. State, 298 Ga. 51 (trial strategy may justify foregoing hearsay objections where it supports defense theory)
- Smith v. State, 317 Ga. App. 801 (no prejudice where originals could likely be produced or accounted for)
- Collier v. State, 303 Ga. App. 31 (tactical choices on objections do not necessarily constitute ineffective assistance)
- Castaneira v. State, 321 Ga. App. 418 (merger analysis under required-evidence test)
- Drinkard v. Walker, 281 Ga. 211 (required-evidence test for merger)
- Brown v. State, 321 Ga. App. 798 (attempt crimes evaluated under Drinkard test; separate proof requirements prevent merger)