Owens v. State
324 Ga. App. 198
Ga. Ct. App.2013Background
- Owens was convicted by a jury of armed robbery and possession of a firearm during the commission of a felony; he moved for a new trial, asserting ineffective assistance of counsel and sentencing error.
- Evidence showed a masked gunman robbed the Family Dollar in Tifton on May 26, 2011; manager Bias identified a white/gray sweatshirt and a mask, and cash was taken from the safe after pepper spray was used.
- Officers recovered a gray/white hoodie, pepper spray, a do-rag, a bicycle, and a gun near the crime scene and in the Walkers’ apartment; Owens’ brother Stringer owned a gun matching State’s Exhibit 26.
- Anterianna Walker (Owens’ cousin) testified Owens appeared sweaty and possessed a gun and a bank bag; police later searched the Walkers’ apartment and found additional items linked to Owens.
- At sentencing, Owens argued mitigation issues were not properly explored; the State referenced a Florida conviction without a certified copy; the trial court sentenced Owens to 20 years, with an additional 5 years consecutive.
- The trial court allowed questioning on note-taking and received testimony at the new-trial hearing; Owens challenged multiple trial and sentencing decisions in his motion for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC for note-taking mistrial decision | Owens claims counsel failed to move for mistrial or request note-taking. | Owens argues trial court abused discretion by not providing note-taking materials earlier. | No error; note-taking discretionary and jurors declined. |
| IAC for failure to move for directed verdict | Counsel should have moved for directed verdict after State’s case. | Evidence, though circumstantial, supported guilt beyond reasonable doubt. | No prejudice; sufficient evidence supported conviction; no ineffective-assistance ground. |
| IAC concerning plea-offer conference | Counsel’s approval of Owens talking to the police/officer outside presence prejudiced defense. | Counsel believed the meeting could help and that it was strategic; no misrepresentation shown. | No prejudice; strategy within broad professional conduct; no ineffective assistance shown. |
| IAC at presentence: Florida conviction notice and mitigation | Failure to object to use of Florida conviction and lack of mitigation evidence harmed Owens. | Counsel lacked access to certified Florida record and failed to collect mitigation; impact uncertain. | No prejudice; absence of certified copy and absent mitigation evidence; collective deficiencies not proven prejudicial. |
| Sentencing: consideration of outside evidence | Court had a duty to consider mitigating and aggravating evidence beyond trial record. | Court allowed evidence and argument; could not rely on Spanish prior conviction absent certification; no outside evidence introduced. | No error; statute allowed hearing for mitigation/mitigation; no outside evidence presented and no improper reliance on unsatisfied records. |
Key Cases Cited
- State v. Crapp, 317 Ga. App. 744 (Ga. App. 2012) (mixed questions of law and fact for ineffective-assistance review)
- Bruce v. State, 252 Ga. App. 494 (Ga. App. 2001) (Strickland standard applied to ineffective assistance)
- Newkirk v. State, 290 Ga. 581 (Ga. 2012) (preserves strong presumption of sound trial strategy)
- Worsley v. State, 293 Ga. 315 (Ga. 2013) (collective effect of deficiencies considered for prejudice)
- Hill v. State, 291 Ga. 160 (Ga. 2012) (reasonable probability must be substantial, not just conceivable)
- Jackson v. Virgin ia, 443 U.S. 307 (U.S. 1979) (proof sufficient for guilty verdict beyond reasonable doubt)
- Brinkley v. State, 301 Ga. App. 827 (Ga. App. 2009) (cannot rely on hearsay statements of prosecutors for sentencing)
- Eskew v. State, 309 Ga. App. 44 (Ga. App. 2011) (mitigating evidence must show potential effect on sentence)
- Tyner v. State, 313 Ga. App. 557 (Ga. App. 2012) (counsel not ineffective for failing to present evidence unknown to counsel)