Wickerson v. State
321 Ga. App. 844
Ga. Ct. App.2013Background
- Cedric Wickerson, along with accomplices, robbed four victims at gunpoint in DeKalb County in one night.
- He was convicted of multiple armed robbery and aggravated assault counts; new-trial motion denied.
- On appeal, Wickerson argues insufficiency of evidence for Counts 2 and 3 and improper venue; ineffective assistance claimed.
- Trial evidence included victim identifications, lineups, weapons, and a vehicle linked to Wickerson.
- A search of an apartment and a gold Cavalier yielded weapons, wallet, phone, and other items tying Wickerson to the crimes.
- The court affirm part, vacate part, and remand for resentencing due to merger error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Counts 2 and 3 | Wickerson challenges plumber/assistant robberies; no direct ID by plumber. | Evidence insufficient to prove Wickerson participated in those robberies. | Sufficient circumstantial evidence supported participation by Wickerson. |
| Venue propriety in DeKalb County | Venue must be proven beyond reasonable doubt in county where crimes occurred. | Locations mapped show DeKalb County; venue should be DeKalb. | Venue proven in DeKalb County; map and testimony sufficient. |
| Merger of aggravated assault into armed robbery for sentencing | Aggravated assault is separate offense and should be counted separately. | Aggravated assault is a lesser included offense and should merge. | Aggravated assault (Count 8) must be merged into armed robbery (Count 2); remand for resentencing. |
| Ineffective assistance of counsel claims | Counsel failed to subpoena officer; failed to object to testimony; failed to seek curative instruction; closing-argument claim unresolved. | Counsel's decisions were strategic; no prejudice shown; some issues not reviewable due to lack of transcript. | Most claims failed; strategic decisions or lack of prejudice; one merger issue remains. |
Key Cases Cited
- Vaughn v. State, 301 Ga. App. 391 (Ga. Ct. App. 2009) (view evidence in light most favorable to verdict)
- Sims v. State, 306 Ga. App. 68 (Ga. Ct. App. 2010) (party liability may be inferred from presence and conduct)
- Onumah v. State, 313 Ga. App. 269 (Ga. Ct. App. 2011) (circumstantial identity evidence may sustain conviction)
- Mays v. State, 198 Ga. App. 402 (Ga. Ct. App. 1991) (circumstantial evidence can prove identity)
- Anthony v. State, 276 Ga. App. 107 (Ga. Ct. App. 2005) (victim testimony not always required)
- Mullins v. State, 267 Ga. App. 393 (Ga. Ct. App. 2004) (supporting non-victim testimony suffices)
- McGlasker v. State, 321 Ga. App. 614 (Ga. Ct. App. 2013) (merger of accomplice offense into robbery for sentencing)
- Armstrong v. State, 286 Ga. 420 (Ga. 2010) (proof of venue via map and county layout)
- Nelson v. State, 277 Ga. App. 92 (Ga. Ct. App. 2005) (direct review of merger and venue considerations)
- Long v. State, 287 Ga. 886 (Ga. 2010) (merger principles for lesser included offenses)
- Washington v. State, 310 Ga. App. 775 (Ga. Ct. App. 2011) (courts may remand for resentencing when merger issues arise)
- Sears v. State, 292 Ga. 64 (Ga. 2012) (review of merger and sentencing procedures)