Jones v. State
310 Ga. App. 705
| Ga. Ct. App. | 2011Background
- Jones and the victim were married in 2001 and divorced in 2008 amid an abusive relationship.
- In Oct 2008 the couple faced eviction; the victim sought a good behavior bond restraining Jones from contact.
- Jones is alleged to have violated the bond by contacting and surveilling the victim and by stealing items from her residence.
- On Oct 27, 2008, after a series of incidents, Jones allegedly surveilled the victim at her daughter’s residence and fled when confronted by police.
- Jones was indicted on four counts of aggravated stalking and two counts of family violence battery; the State withdrew one stalking count and the trial court granted a directed verdict on another as part of the proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fatal variance between indictment and proof | Jones argues variance affected substantial rights | State contends no fatal variance; indictment defined surveillance under a good behavior bond | No fatal variance; not deficient to fail to move for directed verdict |
| Insufficient evidence to support aggravated stalking | Jones contends no competent evidence on presence, surveillance, or bond violation | State presented evidence of surveillance by driving, parking, and contacting | Evidence sufficient; no deficient performance |
| Jury charge adequacy and defense objection | Trial counsel should have objected to inclusion of 'contacts' term | Charge read verbatim from indictment; no prejudice | No reasonable probability the outcome would differ; no reversible error |
Key Cases Cited
- Holmes v. State, 291 Ga.App. 196, 661 S.E.2d 603 (2008) (fatal variance inquiry focuses on substantial rights)
- Murray v. State, 306 Ga.App. 106, 701 S.E.2d 579 (2010) (meritless motions not ineffective assistance)
- McCoy v. State, 278 Ga.App. 492, 629 S.E.2d 493 (2006) (failure to raise meritless issue not ineffective assistance)
- Potts v. State, 207 Ga.App. 863, 429 S.E.2d 526 (1993) (charge on entire code section not error if applicable part remains)
- Slack v. State, 159 Ga.App. 185, 283 S.E.2d 64 (1981) (inapplicable portions of a charge can be permissible)
- Goldey v. State, 289 Ga.App. 198, 656 S.E.2d 549 (2008) (assessing prejudice when objecting to charge)
- Wilson v. State, 277 Ga. 195, 586 S.E.2d 669 (2003) (need for transcript to review ineffective assistance claims)