Ross v. State
313 Ga. App. 695
Ga. Ct. App.2012Background
- Ross sold cocaine to a confidential informant on April 20, 2006.
- Approximately three months later, Ross was stopped for weaving and consented to a vehicle search.
- Ross fled during the stop, discarded something, and cocaine was later recovered from a roof.
- Ross was indicted for sale of cocaine, possession with intent to distribute, obstruction, and failure to maintain lane; another sales count was acquitted.
- The jury convicted Ross on the April 20 sale, possession with intent to distribute, and obstruction; he was sentenced as a recidivist to consecutive life terms for the drug offenses and a 12-month term for obstruction.
- Ross' motion for a new trial was denied and he appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effectiveness of trial counsel—severance | Ross alleges counsel failed to sever sale counts from possession charge. | Ross contends severance would have yielded different outcomes. | No ineffective assistance; severance decision was trial strategy and not prejudicial. |
| Effectiveness of trial counsel—motion to suppress | Ross argues suppression should have been sought for illegal detention. | Officer had reasonable suspicion and search consent during a legal stop. | No ineffective assistance; no illegal detention shown. |
| Effectiveness of trial counsel—admission of Exhibit 5 | Counsel should object to cocaine exhibit due to date discrepancy. | Date discrepancy affects weight, not admissibility. | No ineffective assistance; objection would be futile. |
| Timeliness of recidivist notice | Notice of aggravation was untimely under OCGA 17-16-4(a)(5). | Notice actually given before trial; timeliness waived any defect. | No ineffective assistance; notice given before start of trial waived any issue. |
| Separate sentences for separate offenses under OCGA 17-10-7 | Two current offenses may be treated as separate convictions. | OCGA 17-10-7 limits use of prior convictions, not current separate sentences. | Court could impose separate sentences for distinct offenses; within statutory range. |
Key Cases Cited
- Lacey v. State, 288 Ga. 341, 703 S.E.2d 617 (2010) (ineffective assistance standards; severance and prejudice analysis)
- Robinson v. State, 312 Ga.App. 736, 719 S.E.2d 601 (2011) (prejudice required for severance rulings)
- Bush v. State, 305 Ga.App. 617, 699 S.E.2d ? (2010) (weight/credit determinations; chain of custody relevance to admissibility)
- Ventura v. State, 284 Ga. 215, 663 S.E.2d 149 (2008) (chain of custody and admissibility considerations)
- Richardson v. State, 276 Ga. 548, 580 S.E.2d 224 (2003) (strong showing required to suppress damaging evidence)
- Shindorf v. State, 303 Ga.App. 553, 694 S.E.2d 177 (2010) (timeliness of notice before trial; trial court discretion)
- Evans v. State, 290 Ga.App. 746, 660 S.E.2d 841 (2008) (advance warning necessary for aggravation evidence)
- Gonzales v. State, 286 Ga.App. 821, 650 S.E.2d 401 (2007) (prior convictions rebuttal and explanation opportunities)