S19A0296. TUGGLE v. THE STATE.
S19A0296
Supreme Court of Georgia
March 4, 2019
Reconsideration denied March 27, 2019
305 Ga. 624
MELTON, Chief Justice.
FINAL COPY; Murder. Spalding Superior Court. Before Judge Sams.
Following a jury trial, Justin Cody Tuggle was convicted of murder and related offenses in connection with the stabbing and beating death of Kevin Harmon.1 Tuggle appeals, alleging, among other things, that the trial court erred
in admitting a hearsay statement of a co-defendant at trial, and erred in denying
Viewed in the light most favorable to the jury‘s verdict, the evidence presented at trial established that, on February 14, 2011, officers responded to the residence of Monica Martin in Griffin after receiving a call from Martin‘s nephew, Tuggle, reporting a robbery and an assault. Upon their arrival, officers encountered Tuggle, Todd Jones, and William Moore; the men were covered in blood. Tuggle had a swollen spot on his head and an inch-long cut near his left thumb. Moore was being treated for a stab wound to the leg. Tuggle told officers that he and Moore had been the victims of a robbery.
During their initial investigation, officers found blood inside and outside the vehicle the men had been driving, and located a knife sheath on the back passengers-side floorboard of the car. A bloody knife was recovered from behind a refrigerator inside the Martin residence; it was later identified as belonging to Moore. Tuggle‘s aunt also located $40 underneath a rug inside her
After providing several conflicting stories and inconsistent information regarding the location of the alleged robbery, Tuggle confessed that he, Jones, and Moore were the perpetrators, not the victims, of the robbery and assault. Tuggle told officers that the men were at a gas station when they observed Harmon withdraw money out of an ATM; thereafter, the group decided to rob him. After withdrawing money, Harmon approached the group looking to buy drugs, and Tuggle volunteered to drive Harmon to a spot where he could make a purchase. Surveillance video from the gas station showed Harmon get into a vehicle with the three men. Tuggle stated that they first drove Harmon to a friend‘s house in the Runaway Lakes subdivision in Spalding County with the intention of robbing Harmon in the front yard. When the homeowner refused to allow the robbery to occur, the group left, driving Harmon to a vacant lot within the same subdivision.
The men exited the vehicle and smoked some marijuana. At some point, Moore grabbed Harmon from behind, and Tuggle took $40 from Harmon‘s
Around the same time, Jones called a family friend, Brenda Maddox. He asked Maddox not to tell anyone that they had spoken and then stated that he, Tuggle, and Moore were involved in a robbery; the victim stabbed Moore during the robbery; he hit the victim with a baseball bat; and that “they” had killed the victim. Jones also requested that Maddox bring him a new pair of shoes because his current shoes had blood on them and his shoe prints were at the crime scene.
Tuggle eventually led law enforcement to the vacant lot of the Runaway Lakes subdivision where Harmon‘s body was found covered in blood. His left pocket was turned inside out and his wallet and a bloody knife were located nearby. The medical examiner testified that Harmon had suffered fifty-eight total injuries, including blunt and sharp force wounds to the head and neck; a
Blood samples taken from the car, the two knives, and the baseball bat were sent to the GBI for testing; Moore‘s DNA was located inside the car, on the baseball bat, and on both knives, and Harmon‘s DNA was found on the outside of the vehicle and on the baseball bat.
1. Though not enumerated by Tuggle, we find that the evidence as summarized above was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that Tuggle was guilty of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).
2. First, Tuggle claims that the trial court erred in admitting the hearsay statements of co-indictee Jones through lay witness Brenda Maddox at trial. Tuggle argues that, when Jones spoke to Maddox about beating a man with a baseball bat and needing new shoes, the conspiracy between Tuggle and
Pretermitting the question of whether the admission of Jones’ statements was erroneous, any error in the admission of the statements was harmless. First, prior to Maddox‘s testimony, the State called the lead investigator on the case as a witness. He testified, on both direct and cross-examination, and without any objection, that Jones requested Maddox bring him a new pair of shoes and further told her that “they” had beaten a man with a baseball bat.3 Accordingly, Maddox‘s subsequent testimony was cumulative of other evidence already admitted at trial. Furthermore, the evidence establishing Tuggle‘s guilt, which included Tuggle‘s own admission of being involved in the stabbing and beating, was overwhelming. Based on the foregoing, we conclude it is highly probable that any error did not contribute to the jury‘s guilty verdict. See Timmons v. State, 302 Ga. 464 (2) (b) (807 SE2d 363) (2017); Boothe v. State, 293 Ga. 285 (2) (b) (745 SE2d 594) (2013).
3. Next, Tuggle contends that the trial court erred in denying his
The record shows that the court reporter did not transcribe closing arguments, only the objections lodged by the parties. And, while the prosecutor conceded that she had argued that Tuggle “never . . . accepted any responsibility or never showed any remorse,” the parties and the trial court went back and forth attempting to recall exactly what the prosecutor said and in what context the comment was made — i.e., whether the prosecutor was referring to Tuggle‘s failure to testify at trial or to Tuggle‘s numerous statements to law enforcement and his lack of an emotional response during the same. Indeed, though the trial court thought it heard the prosecutor say that “[Tuggle] never said he was sorry,” the court noted that, “unfortunately, we don‘t have a recording of it. So we‘re all depending on what we think [the prosecutor] said.” Because the
4. Finally, Tuggle alleges that his sentences should be vacated and his case should be remanded for resentencing because the trial court failed to exercise its discretion during sentencing. Specifically, Tuggle argues that the trial court abdicated its judicial responsibility and discretion when it sentenced Tuggle and his co-indictees to the same sentence. We disagree.
“Although the legislature defines crimes and sets the ranges of sentences, . . . trial courts generally have the discretion to fashion sentences that fit the crimes for which the defendant is convicted, so long as the sentences fall within the statutory ranges.” (Citations omitted.) State v. Riggs, 301 Ga. 63, 68 (799 SE2d 770) (2017). Generally speaking, trial courts have “the discretion to
Here, the record shows that the trial court sentenced Tuggle within the statutory limits, and considered numerous factors prior to issuing Tuggle‘s sentence. Accordingly, we cannot say that the trial court failed to exercise its discretion during sentencing.
Judgment affirmed. All the Justices concur.
Kevin A. Anderson, for appellant.
Benjamin D. Coker, District Attorney, B. Ashton Fallin, Assistant District Attorney; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Matthew D. O‘Brien, Assistant Attorney General, for appellee.