Wynn v. the State
332 Ga. App. 429
| Ga. Ct. App. | 2015Background
- On June 29, 2007, a Cash America Pawn employee was robbed in a parking lot after leaving a bank with a $3,000 bank bag; a black Jeep fled the scene. A manager observed the robbery and called 911.
- Police later stopped a black Jeep; one occupant (Sanchez Jones) matched the robber’s description, was arrested, and, after waiving Miranda, confessed identifying co-participants as "Ant" and "Poochy." Jones testified at trial that he committed the robbery, that Wynn ("Ant") drove the Jeep and directed the robbery, and that Wynn owned one of the recovered guns.
- The black Jeep (linked to Wynn by its borrower) contained the $3,000 bank bag, two loaded pistols (one cocked), a denim cap with orange stitching, other clothing, a pill bottle in Timothy Wynn’s name, and a cell phone later identified as stolen.
- The State introduced similar-transaction evidence of a July 2007 armed robbery and Wynn’s August 2007 arrest after a stakeout and chase; one July victim identified Wynn from a photo lineup.
- Multiple witnesses made unsolicited references to Wynn’s other arrests, warrants, or reputation during trial; the court gave curative instructions and denied several mistrial motions. Wynn was convicted of armed robbery and possession of a firearm during the commission of a crime and, as a recidivist, sentenced to life without parole plus ten years.
Issues
| Issue | Wynn's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence was only co-defendant testimony and weak corroboration; insufficient to show Wynn was an accessory before the fact | Co-defendant confession and testimony, phone records, vehicle and physical evidence, borrower’s statements and other corroboration support conviction | Evidence was sufficient when viewed in the light most favorable to the verdict; conviction affirmed |
| Denial of mistrial for unsolicited bad-character references | Court erred by denying mistrials after three injections of other-bad-act/character evidence | Curative instructions and context made evidence cumulative or admissible; no mistrial necessary | Trial court did not abuse discretion; curative instructions and other evidence foreclosed mistrial |
| Due process violation from bad-character evidence | Repeated references to other crimes and entourage testimony deprived Wynn of a fair trial | Many references were cumulative or necessary to explain context (e.g., why officers were surveilling); objections were sustained and jury instructed | No due process violation given limited admissibility, curative instructions, and overwhelming evidence of guilt |
| Ineffective assistance of counsel for not objecting | Trial counsel’s failures to object to bad-character references constituted ineffective assistance | Counsel testified strategy was to de-emphasize witnesses rather than object; decisions were not patently unreasonable and no prejudice shown | Ineffective-assistance claim failed: no showing of patently unreasonable strategy or prejudice |
| Legality of life-without-parole sentence under recidivist statutes | Life without parole is not a permitted sentence for armed robbery | Recidivist statutes mandate the longest prescribed term (life) and bar parole at fourth felony; notice given and priors proven | Sentence to life without parole proper under recidivist statutes; trial court had no discretion otherwise |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Alatise v. State, 291 Ga. 428 (corroboration and sufficiency principles in Georgia)
- Ottis v. State, 271 Ga. 200 (mistrial standard; discretion of trial court)
- Hensley v. State, 300 Ga. App. 136 (contextual admissibility of evidence explaining police conduct)
- McNair v. State, 296 Ga. 181 (deference to trial counsel strategy in ineffective-assistance claims)
- Brown v. State, 321 Ga. App. 765 (standard for reviewing ineffective-assistance claims)