Attaway v. State

578 S.E.2d 529, 259 Ga. App. 822, 2003 Ga. App. LEXIS 270
CourtCourt of Appeals of Georgia
DecidedFebruary 24, 2003
DocketA03A0374; A03A0375
StatusPublished
Cited by6 cases

This text of 578 S.E.2d 529 (Attaway 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
Attaway v. State, 578 S.E.2d 529, 259 Ga. App. 822, 2003 Ga. App. LEXIS 270 (Ga. Ct. App. 2003).

Opinion

Blackburn, Presiding Judge.

Following a jury trial, Grady Attaway and Moisés Martinez (“defendants”) appeal their multiple convictions in these related [823]*823cases regarding a crime spree occurring over several days.1 Attaway appeals his convictions for kidnapping, burglary, armed robbery, terroristic threats, hijacking a motor vehicle, possession of a firearm during commission of a crime, theft by taking, theft by receiving stolen property, driving without a license, fleeing and attempting to elude a police officer, and driving on the wrong side of the road. Martinez appeals his convictions for kidnapping, burglary, armed robbery, terroristic threats, hijacking a motor vehicle, possession of a firearm during commission of a crime, financial transaction card fraud, theft by taking, and theft by receiving stolen property. Collectively, Attaway and Martinez contend that: (1) the evidence was insufficient to support the verdicts; (2) their trials should have been severed; (3) a shotgun used during the crime spree was improperly admitted into evidence; (4) photographic lineups were admitted into evidence without a proper foundation; (5) an incriminating statement made by Attaway after his arrest was improperly admitted; and (6) a mistrial should have been declared due to certain jury misconduct. In addition to these collective enumerations, Martinez, individually, also contends that: (7) his character was improperly placed into evidence; (8) certain exhibits offered by the State were admitted without a proper foundation; and (9) a statement made by Martinez to police was improperly admitted. For the reasons set forth below, we affirm.

1. The defendants contend that the evidence was insufficient to support the verdicts against them. We disagree.

[T]he evidence must be viewed in the light most, favorable to the verdict [s], and the appellant [s] ... no longer enjoy[ ] the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia.2 ... As long as there is some competent evidence ... to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.

(Citations and punctuation omitted.) Grier v. State.3

Viewing the evidence in this light, the record shows that defendants were involved in a crime spree over several days in November [824]*8241999. Each of the acts involved in this criminal spree will be considered separately.

(a) On or about November 11, 1999, Deborah Coney returned home at approximately 11:00 p.m. As she opened the gate to her home, Martinez exited a car parked across the street, approached Coney, and held a handgun to her head. At that time, Attaway, wearing a red cap, ran around the corner with a shotgun. The assailants forced Coney into her house, and they immediately confronted Coney’s daughter, Brandi. Martinez put the handgun in Brandi’s face and threatened to kill her unless Coney gave them money. Attaway and Martinez then ransacked Coney’s house, taking VCRs, videotapes, and Coney’s ATM card. They also forced Coney, at gunpoint, to give them the rings that she was presently wearing. The defendants threatened to kill Coney and her daughter if she did not give them the correct pin number for the ATM card. The defendants then tied up Coney and her daughter with phone cords and locked them in the bathroom.

The defendants then fled, taking Coney’s car with them. Shortly thereafter, Coney’s stolen ATM card was used to remove money from her account. When the police located Coney’s stolen vehicle, it contained a red cap. Both Coney and her daughter positively identified Attaway and Martinez as their assailants.

On or about November 10, 1999, Sara Cannon left a shopping mall to find that her 1983 Oldsmobile had been stolen. The following day, Deputy Sheriff Daniel Carrier spotted the stolen car being driven in an erratic manner. Deputy Carrier attempted to stop the car and its occupants, but both the passenger and the driver jumped out of the car while it was still moving. Deputy Carrier was not able to catch the occupants, and he was not able to positively identify them. When Deputy Carrier examined the stolen vehicle, he found that it contained, among other things, the shotgun and handgun previously used in the Coney burglary, a receipt showing that Martinez had paid a probation fine on November 8, 1999, and several items taken during the Coney burglary.

This evidence was more than ample to support the defendants’ convictions for the crimes committed against Coney and her daughter. And, although the defendants challenge the veracity and accuracy of the victims’ identifications, “[t]he determination of a witness’ credibility, including the accuracy of eyewitness identification, is within the exclusive province of the jury.” (Punctuation omitted.) Jenkins v. State 4

[825]*825(b) On November 18, 1999, Ernest Cartwright, Jr. was delivering a pizza to a residence. When Cartwright returned to his car, he noticed someone crouched behind it. Martinez then approached him with a handgun with a laser sight on it and demanded money. Martinez and an accomplice whom Cartwright could not identify then stole his wallet, his Starter jacket, cash, and other items. Cartwright’s stolen ATM card was used to remove money from his account. Martinez admitted his participation in this robbery in a statement made to police. At trial, Cartwright positively identified Martinez.

This evidence was sufficient to support the jury’s determination that Martinez committed the crimes he was accused of against Cartwright.5 Again, Martinez’s contention that Cartwright’s identification is inaccurate is a meritless argument. See Jackson, supra.

(c) On November 16, 1999, Terrondence Brown discovered that someone was trying to steal his mother’s car. As Brown approached the Cadillac owned by his mother, it slowed down, and one of the thieves pointed a handgun with a red laser sight at him. At that point, Brown stopped his pursuit.

A few nights later, on November 19, 1999, Theodore Hudson was informed by a friend that someone was stealing his Pontiac. Hudson gave chase in another car, and he observed that the Cadillac stolen from Brown was traveling along with his stolen Pontiac. Both the Cadillac and the Pontiac eluded Hudson.

Early the next morning, Deputy Sheriff William Crosby observed both cars parked at a gas station. Deputy Crosby pulled into the parking lot and told Martinez, who was a passenger in the Pontiac, that he needed to talk to him. The stolen Pontiac then sped off. Martinez later jumped out of the car as it was moving and ran away. In a statement to police, Martinez admitted to participating in the theft of the Pontiac and admitted knowledge that the Cadillac had been stolen. Deputy Crosby continued pursuit of the Pontiac, which eventually crashed. Following the crash, Attaway, who had no driver’s license, was identified as the driver of the car. The stolen Cadillac, which was being driven by a co-defendant of Attaway and Martinez who was tried separately, was also stopped and detained. The handgun with the laser sight and Cartwright’s Starter jacket were found in the Cadillac.

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Bluebook (online)
578 S.E.2d 529, 259 Ga. App. 822, 2003 Ga. App. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attaway-v-state-gactapp-2003.