Roberts v. State
309 Ga. App. 681
| Ga. Ct. App. | 2011Background
- Roberts was convicted by jury of burglary after DNA from a bloodstain at a tool-supply store matched his profile while he was jailed on other charges.
- A security alarm triggered at the store; back door damaged by a sewer manhole cover; blood found on the door frame; police recovered tools later identified as stolen.
- The State introduced DNA evidence and similar-transaction evidence showing prior burglaries of two hardware stores.
- Over a year later, CODIS linked Roberts’s DNA to the blood at the scene, leading to indictment for burglary.
- Roberts moved for a new trial; the trial court denied, and he appealed asserting insufficient evidence, error on the definition of 'entry', and ineffective assistance of counsel.
- The Court of Appeals affirmed, holding sufficient evidence, no reversible error in the jury instruction on 'entry', and no ineffective-assistance prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to sustain burglary conviction? | Roberts | Roberts | Sufficient evidence supported the conviction |
| Did the court's definition of 'entry' mislead the jury? | Roberts | Roberts | No reversible harm; definition not prejudicial |
| Did trial counsel's performance prejudice Roberts on the 'entry' instruction or otherwise? | Roberts | Roberts | No ineffective assistance; conduct not prejudicial |
Key Cases Cited
- Goolsby v. State, 299 Ga.App. 330 (Ga. App. 2009) (standard for reviewing sufficiency of circumstantial evidence)
- Jackson v. Virginia, 443 U.S. 307 (S. Ct. 1979) (sufficiency of evidence standard for criminal conviction)
- Lott v. State, 303 Ga.App. 775 (Ga. App. 2010) (circumstantial evidence evaluation in sufficiency review)
- Foote v. State, 265 Ga. 58 (Ga. 1995) (harmful error standard for erroneous jury charges)
- Rabie v. State, 286 Ga.App. 684 (Ga. App. 2007) (harmless-error review for jury instructions)