Adams v. State

746 S.E.2d 261, 322 Ga. App. 782, 2013 Fulton County D. Rep. 2371, 2013 WL 3455710, 2013 Ga. App. LEXIS 609
CourtCourt of Appeals of Georgia
DecidedJuly 10, 2013
DocketA13A0370
StatusPublished
Cited by8 cases

This text of 746 S.E.2d 261 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 746 S.E.2d 261, 322 Ga. App. 782, 2013 Fulton County D. Rep. 2371, 2013 WL 3455710, 2013 Ga. App. LEXIS 609 (Ga. Ct. App. 2013).

Opinion

Ray, Judge.

After a jury trial, Robert Louis Adams was convicted of burglary (OCGA § 16-7-1). He appeals from the denial of his motion for new trial, arguing that he received ineffective assistance of counsel. Finding no reversible error, we affirm.

On appeal from a criminal conviction, we construe the evidence in a light most favorable to the jury’s verdict, and the defendant no longer enjoys a presumption of the innocence. Bryan v. State, 271 Ga. [783]*783App. 60 (1) (608 SE2d 648) (2004). We do not weigh the evidence or determine witness credibility, but determine only whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979); Bryan, supra. So viewed, the record reveals the following relevant facts:

On November 10, 2010, Jessica Bentley arrived in the parking lot in front of her apartment at the Wesley St. Claire Apartments. Bentley stated that when she arrived, she waited for another neighbor to arrive before exiting her car because she “saw a strange guy lingering in the parking lot.” Once inside her apartment, Bentley told her boyfriend, Christopher Gillings, about the man in the parking lot.

Soon after, Bentley and Gillings heard a loud bang outside their apartment door. Gillings testified that he grabbed his handgun because the apartment was located in a “bad area” and he had been the victim of a break-in in the past. While holding the gun, he looked out his door and noticed that the door to the apartment located across the hall from his apartment had been kicked in. When he exited his apartment, Gillings saw two men whom he knew did not live in the apartment come through the broken door, carrying bags away. Gillings ordered the men to stop. The men did not stop, and Gillings noticed the heavier-set of the two men reach into his pocket and pull out something Gillings believed was a gun. Gillings then fired one shot, which struck the thinner of the two men, Adams, in the left leg. The heavier-set man fled downstairs.

After calling 911, Gillings brought Adams some water and a towel while waiting for the police to arrive. During that time, Adams told Gillings that the apartment he had fled from was his “baby mother’s house.” Bentley testified at trial that Adams was the man that she had noticed lingering in the parking lot. She further testified that she had later spoken to the residents of the burglarized apartment, Kisma Burton and Latoya Robinson, and confirmed that no children nor mothers of any children lived in their apartment. Both Burton and Robinson testified at the trial that they were not home at the time of the burglary, that they did not know Adams or his companion, that they had never invited either of the men to their home, and that they did not have children or a relationship with Adams and his companion. Robinson testified that when she returned to the apartment, she discovered that she was missing a piggy bank, a duffle bag with other bags inside it, some jewelry, and a school backpack.

Adams’ recorded statement to the police was played to the jury. However, Adams did not testify at trial and presented no evidence in support of his defense.

[784]*7841. As an initial matter, we note that Adams has propounded compound enumerations of error, and in some instances, has failed to provide citations to the record or to relevant legal authority. Our requirements for appellate briefs

were created not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court; a party will not be granted relief should we err in deciphering a brief which fails to adhere to the required form.

(Footnote omitted.) Currid v. DeKalb State Court Probation Dept., 274 Ga. App. 704, 706 (1) (618 SE2d 621) (2005). Further, “this Court will not cull the record in search of error on behalf of a party. Accordingly, if we have missed something in the record or misconstrued an argument, the responsibility rests with counsel.” Burrowes v. State, 296 Ga. App. 629, 631 (1) (675 SE2d 518) (2009).

2. Adams contends that his trial counsel was ineffective for a number of reasons.

When inadequate representation is alleged, the critical factual inquiry ordinarily relates to whether the defendant had a defense which was not presented; whether trial counsel consulted sufficiently with the accused, and adequately investigated the facts and the law; and whether the omissions charged to trial counsel resulted from inadequate preparation rather than from unwise choices of trial tactics and strategy. Generally, the burden is on the defendant claiming ineffectiveness of counsel to establish (1) his attorney’s representation in specified instances fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

(Citations, punctuation and emphasis omitted.) Johnson v. State, 214 Ga. App. 77-78 (1) (447 SE2d 74) (1994). “The likelihood of a different result must be substantial, not just conceivable.” (Citation and punctuation omitted.) Hill v. State, 291 Ga. 160, 164 (4) (728 SE2d 225) (2012). Further “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations and punctuation omitted.) Boynton v. State, 317 Ga. App. 446, 450 (2) (730 SE2d 738) (2012).

[785]*785(a) At the outset, we note that Adams has made assertions regarding his trial counsel’s ability to provide adequate representation: namely, that his trial counsel was 91 years old, that he drank an alcoholic beverage during lunch each day of his three-day trial, and that he was so ill and hard of hearing that he could not effectively advocate for him at trial. However, Adams did not specifically enumerate these issues as error, and he cites to no legal authority supporting his argument in his brief. Thus any claim of error arising from these issues has been deemed abandoned. See Court of Appeals Rule 25 (c). Further, we note that even if properly enumerated, we would be constrained to find that the trial court did not abuse its discretion in denying the motion for new trial on this ground. The trial court noted in its order denying Adams’ motion for new trial that

[a] t first blush, this case seems destined for a new trial. . .. However, upon consideration, the [c]ourt does not find that a new trial is warranted in this case. Defendant’s trial attorney vigorously and thoroughly cross-examined the State’s witnesses and numerous photographs were placed in evidence during the trial. Defendant’s trial attorney never appeared to be impaired during or not participating in the proceedings. While Defendant’s trial attorney was certainly hard of hearing, [he] never hesitated to advise the [c]ourt when he could not hear and, with the [c]ourt’s permission, spent much of the trial standing next to the witness stand to make sure that he did not miss any of the proceedings.

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746 S.E.2d 261, 322 Ga. App. 782, 2013 Fulton County D. Rep. 2371, 2013 WL 3455710, 2013 Ga. App. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-gactapp-2013.