Stubbs v. State
315 Ga. App. 482
Ga. Ct. App.2012Background
- Derrick Stubbs and Torrence Haskell were convicted of armed robbery, aggravated assault, and firearm offenses tied to two Thomson convenience-store robberies in July 2008.
- The Sprint robbery involved a gun, two clerks, a cash take from two registers, and cigarette theft; clerks identified Stubbs and Haskell.
- Two days later, the Circle K robbery occurred with money, travelers checks, and cigarettes taken; a customer was held up.
- Stubbs paid a portion of the proceeds to Dickerson from the Sprint robbery; Haskell similarly benefited from the Circle K robbery.
- On appeal, Stubbs challenges denial of mistrial over witness threats; Haskell challenges trial counsel's effectiveness over a closing-argument objection; the State-aren’t-convicted-then-clearly-innocent argument is also raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial on threats to witness | Stubbs argues the court should have granted mistrial. | N/A | Harmless error; curative instruction preserved substantial rights. |
| Effect of prosecutor’s closing on conviction; ineffectiveness claim | Haskell argues counsel should have objected to remarks about wrongful convictions. | Prosecutor's remarks were within strategic choice; no ineffective assistance. | No reversible error; counsel's strategy reasonable; no prejudice shown. |
| Evidence sufficiency for Haskell | Sufficiency of the two armed-robbery, aggravated-attack, and firearm counts. | Evidence supports all charged offenses. | Sufficient to sustain convictions for the charged offenses. |
| Possession of firearm and attempted armed robbery separate counts | Posession of firearm does not merge with attempted armed robbery. | No merger; counts defined separately. | Correctly charged as separate offenses; no merger error. |
Key Cases Cited
- Reese v. State, 270 Ga.App. 522 (2004) (standard for reviewing criminal evidence on appeal; rational trier could find guilt)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard; reasonable juror could find essential elements)
- Garcia v. State, 271 Ga.App. 794 (2005) (preservation of error after curative instructions; renewal requirement)
- Todd v. State, 261 Ga.766 (1991) (improper argument harmless; standard for mistrial/ineffectiveness review)
- Suggs v. State, 272 Ga. 85 (2000) (ineffective assistance framework; Strickland standard)