Pate v. State
318 Ga. App. 526
| Ga. Ct. App. | 2012Background
- In April 2008, police conducted a controlled narcotics purchase with an informant.
- The informant was searched and equipped with hidden audio and video recording equipment.
- The informant met Pate and purchased crack cocaine while officers watched nearby.
- Police recovered the cocaine, submitted it to the crime lab, and a field test plus chemist testimony identified it as cocaine.
- A jury convicted Pate of selling cocaine; the amended motion for new trial was denied.
- Pate appeals arguing insufficient evidence, ineffective assistance of counsel, and erroneous special parole conditions; the court affirms the conviction but vacates the sentence and remands for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence the substance was cocaine? | Pate contends hearsay from the chemist undermines identity. | Pate argues lack of reliable identity proof. | Field test identification suffices; no reversal. |
| Did trial counsel render ineffective assistance? | Pate claims multiple deficient actions by counsel under Strickland. | Pate asserts counsel's decisions harmed outcome in several respects. | No reversible prejudice shown; most claims fail under Strickland. |
| Did the court err by imposing special parole conditions? | Pate argues parole conditions are improper as executive branch territory. | State concedes the sentencing error was error. | Parole conditions void; conviction affirmed, sentence vacated and remanded for resentencing. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard requiring deficient performance and prejudice)
- Fortune v. State, 304 Ga. App. 294 (2010) (ineffective assistance and evidence considerations in Georgia appeals)
- Robinson v. State, 277 Ga. 75 (2003) (utilization of corroborating and circumstantial evidence)
- Williams v. State, 277 Ga. 853 (2004) (confrontation and admissibility considerations in Georgia)
- Gonzalez v. State, 310 Ga. App. 348 (2011) (burden on defendant to show actual prejudice in ineffective assistance claims)
- Rickman v. State, 277 Ga. 277 (2003) (assessment of trial strategy and failure to anticipate law changes)
- Short v. State, 234 Ga. App. 633 (1998) (references on evidence and admissibility in Georgia)