Jones v. State
318 Ga. App. 342
Ga. Ct. App.2012Background
- Jones was convicted after a jury trial of rape, aggravated sodomy, false imprisonment, and escape under OCGA provisions.
- DNA from the victim’s rape kit matched Jones while he was on escape status from a work-release program.
- Jones testified that the victim consented and that he was invited inside; he claimed the encounter was consensual and largely disputed the State’s evidence.
- The trial court denied Jones’s motion for new trial; Jones then appealed claiming severance error, improper prosecutorial comments, and ineffective assistance of counsel.
- On appeal, the court remanded to correct a scrivener’s error in the written sentence form, noting Jones was found guilty of aggravated sodomy but not armed robbery.
- The opinion discusses severance of counts, prosecutorial conduct, ineffective assistance standards (Strickland), and preservation/constituting authority for post-trial remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying severance of the escapecharge | Jones | Jones | Denied; joinder proper as related to escape and evidence admissible for related offenses |
| Whether prosecutorial statements warranted reversal despite no contemporaneous objection | Jones | State | Denied; comments were permissible or meritless objections; no reversible error |
| Whether trial counsel was ineffective for failing to object to prosecutorial remarks | Jones | State | Denied; performance not deficient or not prejudicial under Strickland |
| Whether trial counsel was ineffective for failing to have jury polled | Jones | State | Denied; jury polling not required showing of ineffective assistance |
| Whether remand is required to correct a scrivener’s error in the written sentence | Jones | State | Remanded with direction to correct the sentence form |
Key Cases Cited
- Brown v. State, 293 Ga. App. 633 (Ga. App. 2008) (standard of review for sufficiency on appeal)
- Carruth v. State, 290 Ga. 342 (Ga. 2012) (joinder and severance discretion when offenses are related)
- Owens v. State, 271 Ga. App. 365 (Ga. App. 2005) (offenses within hours of escape are connected for joinder)
- Jackson v. State, 276 Ga. App. 77 (Ga. App. 2005) (flight evidence relevant to consciousness of guilt)
- Parks v. State, 254 Ga. 403 (Ga. 1985) (contemporaneous objection requirement in non-death cases)
- Conner v. State, 251 Ga. 113 (Ga. 1983) (preservation of error and contemporaneous objections)
- Bridges v. State, 286 Ga. 535 (Ga. 2010) (ineffective assistance standard and deferential review)
- Wyatt v. State, 267 Ga. 860 (Ga. 1997) (prosecutor's closing remarks and personal opinion limits)
- Williams v. State, 300 Ga. App. 839 (Ga. App. 2009) (polling jury as ineffective assistance claim context)