Bridges v. State

492 S.E.2d 877, 268 Ga. 700, 97 Fulton County D. Rep. 4255, 1997 Ga. LEXIS 744
CourtSupreme Court of Georgia
DecidedNovember 24, 1997
DocketS97A0890
StatusPublished
Cited by49 cases

This text of 492 S.E.2d 877 (Bridges v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridges v. State, 492 S.E.2d 877, 268 Ga. 700, 97 Fulton County D. Rep. 4255, 1997 Ga. LEXIS 744 (Ga. 1997).

Opinions

Sears, Justice.

Appealing from his convictions for murder, armed robbery, and [701]*701aggravated assault,1 appellant Joseph Bridges raises numerous enumerations pertaining to the trial court’s charges to the jury. While we find that, in several instances, portions of the trial court’s charge to the jury improperly placed a burden of persuasion on Bridges, having reviewed the entirety of the court’s charge, we are satisfied that Bridges’ rights of due process were not prejudiced. We also find that any errors associated with the trial court’s admission of certain hearsay testimony and prohibition against comment on the State’s failure to call a witness were harmless in light of the overwhelming evidence of Bridge’s guilt. Finding no other error associated with the adjudication of Bridges’ guilt, we affirm.

The evidence introduced at trial was sufficient to warrant a rational finder of fact to determine that Bridges, Chambless and McClendon were riding in a car driven by Vaughn. The car circled several times past a dice game being played outside an apartment. Bridges, Chambless and McClendon left the car; Chambless was carrying a .22 mm handgun, and Bridges obtained a .9 mm handgun from a friend in a nearby car. Several minutes after Bridges, Chambless and McClendon joined the crowd watching the dice game, Bridges drew a gun and ordered everyone present to lie on the ground. The game participants and bystanders complied, holding their money up for Chambless to collect. None of the victims resisted or provoked the robbers. As he was leaving the scene of the crime, Bridges fired a bullet into the back of Derico Cunningham, one of the dice players, as he lay face down on the ground. Bridges then stated, “I shot my man.” Within hours, Cunningham died from the wound inflicted by Bridges. Another game participant was wounded by a gunshot fired by Chambless. The trio of criminals then ran to the waiting car and, with Vaughn behind the wheel, they drove off. A bystander followed them in his own truck, and contacted police by cellular phone while in pursuit. The criminals’ car crashed and police arrested Chambless at the scene. Bridges and the others were apprehended shortly thereafter.

[702]*702At trial, Chambless and McClendon identified Bridges as the one who suggested the robbery, initiated the robbery, and shot and killed Cunningham. Vaughn also identified Bridges as a rider in his car and as one who went to and fled from the crime scene, along with Chambless and McClendon. Four robbery victims and a bystander identified Bridges as the one who shot and killed Cunningham; others nearby the scene of the crime identified Bridges as being at the crime scene. The witnesses’ testimony identifying Bridges was consistent in all details, including the sequence of events surrounding the crime, the comments and threats Bridges made during the crime, and the clothing worn by Bridges at the crime scene. At trial, Bridges asserted an alibi defense, and testified that he was at his own home at the time the crimes were committed.

1. The evidence introduced at trial, construed most favorably to the verdict, was sufficient to authorize a rational trier of fact to find Bridges guilty of the crimes of which he was convicted.2

2. Bridges raises sixteen enumerations of error concerning the trial court’s charges to the jury. In considering these enumerations within the context of the entire charge as a whole and the trial record,3 we find that general charges were given to the jury regarding the State’s burden to prove every material allegation of the indictment against Bridges beyond a reasonable doubt, and that Bridges carried no burden of proof whatsoever to disprove any part of the allegations against him. Our review of these general charges shows them to have been altogether accurate, and Bridges does not contend otherwise.

Regarding the charges given to the jury regarding each crime charged against Bridges, we find that:

(a) The trial court correctly charged the jury that if it found that Bridges had committed malice murder, as alleged in count one of the indictment, beyond a reasonable doubt, then it would be authorized to convict him of that crime. The trial court also correctly charged that if the jury did not believe beyond a reasonable doubt that Bridges had committed malice murder, as alleged in count one, then it was required to acquit him of that charge. These charges were accurate, and Bridges does not contend otherwise.

(b) Regarding counts two, three and four of the indictment, for the felony murder, armed robbery, and aggravated assault of Cunningham, the trial court correctly charged the jury that if it found that Bridges had committed those offenses beyond a reasonable doubt, then it would be authorized to convict. However, regarding [703]*703each of these counts, the trial court also charged the jury that:

If after a consideration of the evidence, you should find that the defendant did not commit [these offenses] beyond a reasonable doubt, then you would be authorized to acquit the defendant.4

Thus, while the trial court’s charges on these three counts were correct regarding the findings required for a conviction, the trial court’s charge to the jury erroneously instructed that, in order to acquit, the jury had to find beyond a reasonable doubt that Bridges did not commit the offenses.5 It is axiomatic that no burden is ever placed on a criminal defendant to establish innocence, and “charges which place any burden of persuasion upon the defendant in criminal cases shall not be given, and such charges will be deemed erroneous and subject to reversal, absent harmless [or] invited error.”6 Because this error directly implicated Bridges’ due process right to compel the State to prove beyond a reasonable doubt every element of the crimes with which he was charged, it is of constitutional dimension.7

However, it does not follow that reversal is required. First, as stated above, erroneous jury instructions are not judged in isolation, but rather are considered in the context of the entire jury charge and the trial record as a whole to determine “ ‘whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that violates the Constitution.’ ”8 Second, an erroneous jury charge is not reversible unless it causes harm.9

Applying these principles to this case, we cannot say that, under the circumstances of this case, there was a reasonable likelihood that the jury applied the incorrect charges so as to permit convictions for felony murder, armed robbery, and aggravated assault without compelling the State to prove every element of those crimes beyond a reasonable doubt. The trial court charged the jury correctly that before it could convict, it first had to find beyond a reasonable doubt that [704]*704Bridges committed those crimes — an instruction that was reiterated several times during the trial court’s general charges that the State bore the burden of persuasion beyond a reasonable doubt as to every element of the crimes charged. Of course, as discussed, the trial court also incorrectly charged that the jury had to acquit if it found that Bridges did not commit the crimes beyond a reasonable doubt.

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Bluebook (online)
492 S.E.2d 877, 268 Ga. 700, 97 Fulton County D. Rep. 4255, 1997 Ga. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-state-ga-1997.