White v. State
315 Ga. App. 54
Ga. Ct. App.2012Background
- Lloyd White and Capucine White were jointly tried and convicted of armed robbery.
- Davisha, a key accomplice, pleaded guilty and agreed to testify truthfully at the joint trial.
- Davisha identified Lloyd White as the masked gunman and said Capucine rode to the scene but waited outside.
- Davisha's younger sister, age 13 at trial, testified consistent with Davisha about the planning, participation, and money sharing.
- A September 2006 purse snatching by Lloyd White was admitted to show his bent of mind; Capucine presented no witnesses and Lloyd presented some.
- The trial court admitted State's Exhibit 25 (an audiorecording of Davisha’s younger sister’s police interview); issues include witness credibility, trial conduct, statements’ foundation, sufficiency of evidence, and severance, all resolved in favor of affirming the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of Davisha's testimony | White contends Davisha had credibility problems. | State trusted Davisha's present testimony despite prior inconsistent accounts. | No reversible error; credibil ity to be judged by jury. |
| OCGA 17-8-57 remarks by the court | White argues remarks endorsed the State’s view and bolstered credibility. | Remarks were proper management of proceedings. | No violation; not an improper opinion on guilt. |
| admissibility/foundation of State's Exhibit 25 | State failed to lay proper foundation for prior inconsistent/consistent statements. | Recordings were relevant; proper foundation could be inferred. | No reversible error; record ambiguous to review; no shown prejudice. |
| sufficiency of evidence against Capucine (accomplice issue) | Accomplice testimony suffices with corroboration from sister’s account. | Accomplice alone cannot sustain conviction. | Sufficient corroboration exists; Capucine’s conviction upheld. |
| denial of motion to sever | No prejudice from joint trial; defenses not antagonistic. | Joinder could prejudice Capucine. | No abuse of discretion; no reversible error. |
Key Cases Cited
- Cammon v. State, 269 Ga. 470, 500 S.E.2d 329 (1998) (1998) (perjured testimony not shown when inconsistency exists but credibility for jury)
- Harrison v. State, 257 Ga. 528, 361 S.E.2d 149 (1987) (1987) (witness credibility issues left to jury with proper instruction)
- Ward v. State, 205 Ga.App. 504, 423 S.E.2d 288 (1992) (1992) (prior inconsistent statements affect credibility but not necessarily admissibility)
- Hayes v. State, 152 Ga.App. 858, 264 S.E.2d 307 (1980) (1980) (competency of witnesses preserved under proper ruling)
- Moon v. State, 288 Ga. 508, 705 S.E.2d 649 (2011) (2011) (joinder/severance analysis and prejudice considerations)
- Westmoreland v. State, 287 Ga. 688, 699 S.E.2d 13 (2010) (2010) (need for specificity in showing reversible error on appeal)
- Crawford v. State, 288 Ga. 425, 704 S.E.2d 772 (2011) (2011) (transcript and record completeness for review)