Robinson v. State
314 Ga. App. 545
Ga. Ct. App.2012Background
- Robinson was convicted by a jury of possession of a controlled substance with intent to distribute within 1,000 feet of a public housing project, trafficking in cocaine, possession of a firearm during the commission of a crime, and criminal use of an article with an altered identification mark; he appeals the denial of his motion for new trial after an out-of-time appeal.
- Evidence showed a March 10, 2006 incident at a public housing complex; officers obtained consent to search an apartment where drugs and a gun were reportedly located.
- A girlfriend of Robinson admitted to bringing drugs and a gun into the apartment; at trial she testified a different account.
- Lab analysis found 85.02 grams of cocaine mixture with 68.8% purity.
- The housing complex was shown to be under the jurisdiction of a housing authority and comprised dwelling units occupied by low/moderate-income families; location described as public assistance housing run by city and county.
- Appellate counsel was appointed after the motion for new trial denial, and the court remanded for an evidentiary hearing on ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute near public housing | Robinson argues the location was not shown to be housing authority property or dwelling units | State contends location was public housing under housing authority and occupied by low/moderate-income families | Evidence supported the location as housing project and dwelling units. |
| Sufficiency of evidence for trafficking in cocaine | Girlfriend's handwritten statement allegedly contradicts trial testimony | Pre-trial statement admissible to corroborate trafficking charge | Evidence sufficient; prior statement corroborates, not undermines, trafficking conviction. |
| Sufficiency of evidence for possession of firearm during commission of felony | Not proven Robinson was within arm's reach or possessed gun and drugs simultaneously | Girlfriend's pre-trial statement places gun and drugs in home the morning of incident | Conviction sustained given evidence of gun and drugs in same context. |
| Effectiveness of trial counsel - ineffective assistance | Claims not previously raised, should be deemed | Counsel performance allegedly deficient | Remanded for evidentiary hearing on ineffective assistance of counsel. |
Key Cases Cited
- Walker v. State, 290 Ga.App. 749 (2008) (sufficiency review standard; conflicts resolved by jury)
- Collins v. State, 278 Ga.App. 103 (2006) (location of 1,000-foot housing project must be clearly habitable as housing project)
- Mahon e v. State, 296 Ga.App. 373 (2009) (housing project occupancy and public assistance housing defined)
- Johnson v. State, 214 Ga.App. 77 (1994) (evidence of placement near public housing project inadequate without occupancy evidence)
- Clyde v. State, 298 Ga.App. 283 (2009) (proximity and possession elements; corroboration via witness statements)
- Ingram v. State, 277 Ga. 46 (2003) (impeachment and substantive use of prior statements)
- Eller v. State, 294 Ga.App. 77 (2008) (trial evidence sufficiency and admissibility considerations)
- Walker v. State, (duplicate entry) () ()
- Potter v. State, 272 Ga. 430 (2000) (procedural standards for ineffective assistance on appeal)