GOMEZ-OLIVA v. State
312 Ga. App. 105
Ga. Ct. App.2011Background
- Gomez-Oliva was indicted for rape and kidnapping; kidnapping count nol prossed for lack of jurisdiction.
- He was found guilty of the lesser charge of attempted rape and sentenced to 25 years with 12 to serve in confinement.
- Pre-judgment motions for new trial were filed and ultimately denied.
- Appeal was timely filed from the denial of the motion for new trial.
- The defense challenged sufficiency of the evidence and raised claims of ineffective assistance of counsel.
- The appellate court addressed jurisdiction, sufficiency, and ineffective-assistance issues, affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prematurity of motion for new trial and jurisdiction | Gomez-Oliva argues prematurity voids review | State contends appeal proper under timely notice | Premature motion did not deprive appellate review; appeal proper on merits |
| Sufficiency of evidence for attempted rape | Evidence insufficient without corroboration | Victim's testimony alone sufficient | Evidence sufficient under Jackson v. Virginia to sustain conviction for attempted rape |
| Ineffective assistance regarding testimony about defendant's state of mind | Counsel failed to object to improper testimony | No prejudicial impact; testimony not relevant to guilt | No reasonable likelihood of prejudice; ineffective-assistance claim inadequate on record |
| Waiver of additional ineffectiveness claim | Counsel abandoned alternate evidence strategy | Claim not raised in motions/hearing; waived | Claim waived due to failure to raise; not considered on appeal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (clear standard for appellate review of sufficiency of evidence)
- Clark v. State, 249 Ga. App. 97 (Ga. App. 2001) (victim’s testimony alone can sustain rape conviction)
- Hardy v. State, 210 Ga.App. 811 (Ga. App. 1993) (victim’s testimony can sustain attempted rape conviction)
- Roundtree v. State, 268 Ga.App. 877 (Ga. App. 2004) (improper testimony may be non-prejudicial where not material to guilt)
- Usher v. State, 258 Ga.App. 459 (Ga. App. 2002) (trial court’s hearsay/irrelevant testimony not error in ineffective-assistance context)