Harris v. StateHarris v. State
Both Harris (Case No. A95A1568) and McGill (Case No. A95A1569) appeal after being convicted of armed robbery.
1. Harris contends the verdict was against the weight of the evidence and that the verdict was contrary to the evidence and law. Allegations of error concerning the weight of the evidence are addressed to the trial court alone. Stinson v. State,
The victim testified Harris drove a car with several occupants and stopped near where the victim was standing. Harris then handed a gun to McGill, who was in the back seat; McGill exited the car, placed the gun to the victim’s head, and told him to relinquish his jewelry. McGill snatched the victim’s necklaces off his neck, returned to the car, and Harris drove it away. A friend of the victim was standing next to him at the time of the robbery and testified to the same effect, although he stated he did not see Harris hand the gun to McGill.
When arrested at his home, Harris produced the gun from his car pursuant to a consent to search. A defense witness who had been in the car at the time of the robbery testified that he had seen the gun at Harris’ home earlier on the day of the robbery. This witness also testified he saw no robbery, the gun was not in the car at the time of the incident to his knowledge, and Harris could not have handed McGill a gun without him seeing it happen. Three other occupants of the car also testified Harris had not given McGill the weapon and they had seen no robbery. In all, there were six or seven persons in the car at the time of the robbery.
Harris gave an in-custody statement in which he said “Rico got the gun” and committed the robbery. For the State’s case-in-chief it was redacted to read “someone got the gun.” McGill’s first name is Rico. The statement also said Harris drove off after he saw the robbery. No witness at trial testified that Harris drove off leaving McGill at the scene.
Harris’ in-custody statement and the testimony of witnesses other than the victim simply created a conflict in the evidence, requiring the jury’s resolution. Cantrell v. State,
2. Both Harris and McGill contend the court should have severed their trials. McGill filed a motion to sever, and Harris joined in it at the hearing. McGill’s written motion addressed Harris’ in-custody statement, termed it inculpatory of McGill, and stated severance was appropriate to uphold his right of confrontation. Bruton v. United States,
McGill contends a Bruton violation did occur when the arresting officer testified that Harris had implicated McGill in his statement. It was McGill’s questioning about Harris’ statement that first produced the information that the statement specifically implicated McGill. The redacted statement did not present a Bruton violation, and McGill cannot complain that one was created by his questioning. Smith v. State,
3. McGill asserts that the court abused the discretion granted in
When making a motion to sever, “[t]he burden is on the defendant requesting the severance to do more than raise the possibility that a separate trial would give him a better chance of acquittal. He must make a clear showing of prejudice and a consequent denial of due process. [Cit.]” Id. “ ‘[I]n the absence of this showing the trial court’s denial of the motion to sever will not be disturbed. [Cits.]’ [Cit.]” Adams v. State,
McGill did not make any such showing in his written motion or suggest at the hearing he was prepared to make a showing. It was McGill’s trial strategy that produced the information that Harris had implicated McGill. The motion to sever rested solely upon the problem addressed in Bruton. (See also Owens v. State,
4. Similarly, Harris’ argument that antagonism of defenses between himself and McGill required severance does not warrant reversal absent a showing of prejudice. He claims prejudice arose by his
Judgments affirmed.