Perry v. State
314 Ga. App. 575
Ga. Ct. App.2012Background
- Perry was convicted by jury of sale of cocaine in Chattooga County, Georgia, based on an undercover controlled buy and an audiotape recording.
- The State introduced Perry's prior drug convictions for sale of cocaine and possession of cocaine as similar transaction evidence.
- The State relied on certified copies of prior convictions; no live testimony about those prior acts was presented.
- The trial court admitted two prior possession convictions as similar transaction evidence, which Perry challenges on appeal.
- The State previously noticed its intent to offer similar transaction evidence four days before trial after discussions with Perry's counsel.
- Perry argues ineffective assistance of counsel based on trial counsel’s handling of voice identification and potential conflicts arising from prior representation of the informant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of possession convictions as similar transactions | Perry | Perry | Admission erroneous but harmless |
| Timeliness and completeness of similar transactions notice | Perry | Perry | No reversible error |
| Ineffective assistance of counsel | Perry | Perry | No reversible error; no actual conflict shown |
Key Cases Cited
- Jones v. State, 206 Ga.App. 307, 425 S.E.2d 384 (1992) (prior convictions admissible with additional proof of similarity)
- Shuman v. State, 244 Ga. App. 335, 535 S.E.2d 526 (2000) (certified copies admissible when not sole evidence of prior crime)
- Stephens v. State, 261 Ga. 467, 405 S.E.2d 483 (1991) (prima facie similarity requires more than conviction copies)
- Brown v. State, 274 Ga. 31, 549 S.E.2d 107 (2001) (certified copies alone insufficient to establish similarity in drug cases)
- Mangum v. State, 308 Ga.App. 84, 706 S.E.2d 612 (2011) (independent crimes admissible to show motive, intent, plan, identity)
- Woodward v. State, 262 Ga. App. 363, 585 S.E.2d 687 (2003) (trial court's discretion on notice proper where prejudice shown none)
- Stephan v. State, 205 Ga. App. 241, 422 S.E.2d 25 (1992) (brief discussion on admissibility of similar transaction evidence)
- Hill v. State, 269 Ga. 23, 494 S.E.2d 661 (1998) (factors assessing conflicts of interest and duties of defense counsel)
- Abernathy, 289 Ga. 603, 715 S.E.2d 48 (2011) (non-waivable imputed conflicts; need actual conflict to prevail)
- Gardner v. State, 289 Ga. App. 359, 657 S.E.2d 288 (2008) (waiver on conflicts where defendant and counsel agree to proceed)
- Craddock v. State, 173 Ga. App. 133, 325 S.E.2d 804 (1984) (mere possibility of conflict not enough to overturn conviction)