Perry v. State
317 Ga. App. 885
Ga. Ct. App.2012Background
- Perry, stopped for suspected window tint on April 3, 2008, with Williams as sole passenger, led to discovery of marijuana and cocaine in the SUV and on Williams.
- Perry faced a window-tint violation charge; both Perry and Williams faced marijuana and cocaine possession charges; Perry also faced a witness-influence charge related to Williams.
- Williams pled guilty to the drug charges and later testified for the State at Perry’s jury trial; a mistrial occurred on Perry’s cocaine possession charge; Perry was convicted of window tint and marijuana possession.
- Perry contends the trial court erred by not severing the drug charges from the witness-influence charge.
- Trial evidence included Williams’ guilty plea testimony about Perry’s handling of drugs during the stop and other witnesses describing the stop and confiscated drugs.
- The court held severance was within the trial court’s discretion; joinder was proper and the evidence likely admissible across charges; Carter v. State not controlling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by denying severance | Perry argues severance required | Joinder proper; evidence admissible across charges; discretion resides in the court | No abuse; severance denial affirmed |
Key Cases Cited
- Carter v. State, 261 Ga. 344, 345 (1991) (claim of failure to sever not necessarily mooted by acquittal on another count)
- Watson v. State, 176 Ga. App. 610, 611 (1985) (court has wide discretion in severance motions)
- Johnson v. State, 257 Ga. 731, 733 (1988) (joinder proper when evidence of one crime is admissible in trial of the other)
- Woolfolk v. State, 282 Ga. 139, 140-141 (2007) (evidence of one crime admissible in the trial of the other does not show abuse of discretion)
- Dukes v. State, 290 Ga. 486, 488 (2012) (evidence of attempt to influence or intimidate a witness can be circumstantial evidence of guilt)
- Nguyen v. State, 273 Ga. 389, 398 (2001) (state may introduce evidence of attempt to influence a witness as consciousness of guilt)
- Stewart v. State, 277 Ga. 138, 139 (2003) (when determining severance, court must consider number and complexity of offenses and ability to parse evidence)