Randolph v. the State
334 Ga. App. 475
| Ga. Ct. App. | 2015Background
- In 2006 Michael Ryan Foley was shot and his house burned; investigation revealed he sold marijuana and had arranged a large deal the morning he died.
- Investigators learned Randolph had prior small purchases from Foley, had introduced Foley to others, and had helped weigh/package marijuana for distribution; tattoos linked him to Folk Nation.
- Randolph was tried first on murder, arson, robbery, and weapons charges; he testified and was acquitted on those charges.
- After the acquittal the State indicted Randolph based on his trial testimony for two counts of conspiracy to distribute marijuana, distribution (party to a crime), and violation of the Georgia Street Gang Terrorism and Prevention Act (gang activity).
- At the second trial the State relied largely on Randolph’s prior sworn testimony and prosecution witnesses to show knowledge obtained only after the first trial; the jury found him guilty on all counts.
- The Court of Appeals affirmed the drug convictions but reversed the gang statute conviction for lack of evidence that the predicate drug acts were intended to further the gang’s interests.
Issues
| Issue | Randolph's Argument | State's Argument | Held |
|---|---|---|---|
| Procedural double jeopardy / OCGA § 16-1-7(b) (multiple prosecutions) | Second prosecution barred because the State knew facts supporting drug/gang charges before first trial | Prosecutor lacked actual knowledge of the facts supporting drug/gang charges before the first trial; fact question for jury | Denied as a matter of law; trial court properly submitted factual knowledge question and denial of dismissal affirmed |
| Selective prosecution | He was singled out; others who committed drug crimes at first trial were not prosecuted | No showing of discriminatory intent or arbitrary classification | Motion denied; Randolph failed to prove purposeful discrimination |
| Venue in Camden County | State failed to prove location where Randolph introduced Foley | Investigator testified the store was in Camden County | Venue proved; claim lacks merit |
| Sufficiency of evidence for gang statute (OCGA § 16-15-4) | Randolph’s acts with gang members show participation in gang activity | Prior testimony showed Randolph associated with gang members and facilitated drug deals | Reversed: State failed to prove nexus that predicate drug acts were intended to further the gang’s interests |
Key Cases Cited
- White v. State, 284 Ga. App. 805 (procedural double jeopardy principle)
- Nicely v. State, 305 Ga. App. 387 (burden to show prosecutor's actual knowledge pretrial)
- Billups v. State, 228 Ga. App. 804 (prosecutor's knowledge of facts determines single-prosecution requirement)
- Rodriguez v. State, 284 Ga. 803 (requirement of nexus between predicate act and intent to further gang activity)
- Jones v. State, 292 Ga. 656 (State must prove predicate act furthered gang interests)
- Zamudio v. State, 332 Ga. App. 37 (examples of evidence establishing nexus to gang interests)
- Alston v. State, 329 Ga. App. 44 (wearing gang identifiers and related evidence can show nexus)
- Morey v. State, 312 Ga. App. 678 (affirming gang conviction where defendant "repped his gang" during crimes)
- Mooney v. State, 266 Ga. App. 587 (standard for proving selective prosecution)
- Morgan v. State, 220 Ga. App. 198 (test for whether multiple offenses arise from same conduct)