Tyner v. State
313 Ga. App. 557
| Ga. Ct. App. | 2012Background
- Tyner was convicted by a jury of felony theft by shoplifting (Count 2) for June 12, 2010 conduct; Count 1 (June 5) was acquitted.
- The store loss-prevention officer observed Tyner on surveillance on both dates, noting concealment on June 12.
- A security guard on duty on June 12 stopped Tyner and recovered the concealed merchandise—purse and four wallets—valued over $1,000.
- Tyner was indicted on two counts; trial evidence included officer testimony and police arrest testimony.
- The trial court sentenced Tyner to ten years, and she later obtained new counsel and moved for a new trial on various grounds, including ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for Count 2 | Tyner contends no merchandise was taken or concealed. | Tyner argues absence of possession or concealment defeats shoplifting. | Sufficient evidence supported conviction. |
| Admission of surveillance narration and photographs | Narration and photos bolstered the State’s case. | Evidence was improper bolstering or prejudicially cumulative. | No reversible error; testimony and photos were permissible and not prejudicial. |
| Continuance to obtain new counsel | Needed additional time to secure new counsel. | Trial court abused its discretion in denying last-minute continuance. | No abuse of discretion; denial was within trial court’s discretion. |
| Recidivist sentencing under OCGA § 17-10-7 | No error; sentence fell within statutory limits and recidivist statute not invoked. | ||
| Ineffective assistance of counsel claims | Counsel failed in multiple respects (exculpatory witness, objections, mitigation). | Counsel’s actions were strategic; no prejudice shown. | No reversible error; cumulative analysis shows no reasonable likelihood of different outcome. |
Key Cases Cited
- Goolsby v. State, 299 Ga. App. 330 (Ga. App. 2009) (review of sufficiency and preservation of error in trial)
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (standard for sufficiency of evidence in criminal cases)
- English v. State, 301 Ga. App. 842 (Ga. App. 2010) (reference on evidentiary rulings and testimony)
- Joiner v. State, 299 Ga. App. 300 (Ga. App. 2009) (limits on expanding enumerations of error; procedural)
- Miller v. State, 273 Ga. 831 (Ga. 2001) (principles on sufficiency and prosecutorial argument)