Wright v. State
319 Ga. App. 723
Ga. Ct. App.2013Background
- Glenard Rico Wright was convicted of armed robbery, aggravated assault, possession of a firearm during a crime, and theft by taking.
- Wright challenges sufficiency of the evidence, admissibility of some evidence, closing-argument remarks, instruction on lesser included offenses, and ineffective assistance of trial counsel.
- Thatcher testified Wright used a gun to take Thatcher’s cell phone and keys at the park and identified Wright as the gunman.
- Two juvenile girls found at Thatcher’s crashed SUV were Wright’s cousin and her friend; both testified for the state.
- Wright’s alibi witnesses claimed he was at home that morning, and the state matched physical evidence (SUV, phone, keys) to Wright.
- The court affirms Wright’s convictions after reviewing the challenged issues and finding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Wright argues evidence is insufficient | State contends evidence supports all elements | Sufficiency established; verdicts upheld. |
| Admission of specific evidence | Admission of cousin’s gun-claim, false-name arrest, and related testimony was improper | Evidence was admissible; trial court acted within discretion | No reversible error in admission. |
| Closing argument improprieties | Prosecutor’s future-dangerousness remark unfairly influenced the jury | Arguments within broad prosecutorial latitude; any error harmless | No reversible error; argument largely within bounds; harmless given evidence strength. |
| Lesser included offense instruction | Jury should have been charged on robbery as a lesser included offense | No evidence necessitating lesser charge; greater offense proven | No error; no entitlement to lesser-included offense instruction. |
| Ineffective assistance of trial counsel | Counsel failed to object to improper closing-argument statements | Counsel’s strategy and overall performance were reasonable; no prejudice | No ineffective assistance; insufficient showing of prejudice. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for assessing sufficiency of evidence)
- Smith v. State, 252 Ga. App. 552 (Ga. App. 1999) (lesser included-offense analysis when evidence supports greater offense)
- Arrington v. State, 286 Ga. 335 (Ga. 2010) (OCGA 17-8-75; closing argument review; harmless-error analysis)
- O’Neal v. State, 288 Ga. 219 (Ga. 2010) (duties of trial court under closing-argument rules; harmless error)
- Robinson v. State, 278 Ga. 31 (Ga. 2004) (prosecutor closing-argument discretion; hindsight not allowed)