Perkins v. State
319 Ga. App. 651
Ga. Ct. App.2013Background
- Perkins was convicted of seven counts of armed robbery after a jury trial; eight armed robbery counts and one aggravated assault count were charged but some were dead-docketed to a single victim.
- The State presented evidence that Perkins faced victims with a handgun at each incident and demanded property, sometimes including vehicles.
- Victims identified Perkins in lineups and at trial; fingerprints were found on three stolen vehicles; a witness testified Perkins said he robbed people all the time; similar transaction evidence was admitted.
- The jury found Perkins guilty on seven armed-robbery counts; the trial court denied his motion for a new trial, leading to this appeal.
- Perkins argues OCGA § 17-8-57 was violated by the trial court’s comments, which allegedly reflected an opinion on guilt or the evidence.
- Perkins also argues the State failed to prove venue for two counts; the DeKalb County venue was challenged based on where the crime occurred versus where the nightclub was located.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated OCGA § 17-8-57. | Perkins contends the court's pre- and post-incident remarks expressed an opinion on the evidence or guilt. | State argues these comments were not directed at disputed facts or the defendant's guilt and thus not reversible. | No reversible error; comments did not express an opinion on guilt or the facts. |
| Whether venue was proven for two armed robbery counts. | Perkins asserts venue was not established for those counts. | State argues circumstantial and official-connection evidence supported DeKalb County venue. | Venue was sufficiently proven; evidence supported DeKalb County venue. |
Key Cases Cited
- Short v. State, 234 Ga. App. 633 (1998) (plain error standards and precedent referenced)
- Wright v. State, 294 Ga. App. 20 (2008) (OCGA § 17-8-57 plain error discussion)
- Linson v. State, 287 Ga. 881 (2010) (OCGA § 17-8-57 violation requires new trial)
- Chapman v. State, 275 Ga. 314 (2002) (OCGA § 17-8-57 and evidentiary standards)
- King v. State, 271 Ga. App. 384 (2005) (officer's county of employment alone not always venue)