Hawkins v. State

729 S.E.2d 549, 316 Ga. App. 415
CourtCourt of Appeals of Georgia
DecidedJune 26, 2012
DocketA12A0459; A12A0460
StatusPublished
Cited by7 cases

This text of 729 S.E.2d 549 (Hawkins 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
Hawkins v. State, 729 S.E.2d 549, 316 Ga. App. 415 (Ga. Ct. App. 2012).

Opinion

McFadden, Judge.

Skylar Hawkins and Octavious Woods were convicted of three counts of armed robbery and possession of a firearm during the commission of a crime for robbing a waitress, a cook and a customer at a Waffle House. Both Hawkins and Woods argue that they were entitled to a mistrial because of certain testimony of an investigator, but we find that by instructing the jury to disregard the testimony, the trial court provided a sufficient remedy. Hawkins also argues that the trial court erred by limiting his cross-examination of the investigator for bias. We find, however, that any error in this regard was harmless. Hawkins argues that the testimony about his drug use impermissibly placed his character in issue, but the evidence was admissible as part of the res gestae of the crime. Woods argues that the trial court erred by admitting his statement to an investigator. We find that the trial court correctly determined that Woods had waived his Miranda rights. Finally, Woods argues that he was entitled to a mistrial because of the state’s violation of the rule of sequestration, but assuming such a violation occurred, the proper remedy was not a mistrial but instead was an instruction to the jury to consider the violation when assessing witness credibility. For these reasons, we affirm Hawkins’s and Woods’s convictions.

[416]*4161. Viewed in the light most favorable to the jury’s verdict, Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), the record shows the following relevant facts. On the evening of February 25, 2008, Hawkins, Woods, Logan White and Cordell Ward met at Hawkins’s residence. The men discussed committing a robbery, and White left for ten or fifteen minutes to get a gun. Eventually, they drove to a Waffle House in White’s Nissan pickup truck. Around 1:30 a.m., a customer went to the same Waffle House. When he arrived, he saw three men sitting in a booth, eating. Two Waffle House employees, a cook and a waitress, were also present. The three men paid for their food and exited the restaurant. The customer noticed that they went to the parking lot and stood around a Nissan truck with its hood raised.

About ten minutes later, the three men re-entered the restaurant. Logan White, one of the three men, pulled out a handgun and cocked it. He jumped on the counter, pointed the gun at the waitress, and demanded money from the cash register. The waitress complied. After taking money from the register, White pointed the gun at the cook, demanded his money and took his wallet. Octavious Woods, another of the three men, demanded money from the customer and began poking him with a crowbar. White pointed the gun at the customer, and Woods took $98 from his pocket. White and Woods forced the three victims to lie on the floor. While White and Woods were robbing the victims, the third man, Cordell Ward, stood at the front door of the restaurant, blocking the door. After robbing the three victims, the men ran to the pickup truck, jumped into its bed, and Hawkins drove off.

The cook called the police and described the robbers’ truck and their direction of travel. Within moments of the call, a Douglas County sheriff’s deputy spotted the truck and pursued it. The driver, Hawkins, refused to pull over, and the deputy forcibly stopped the truck. Hawkins surrendered, but the three men who had been in the bed of the truck fled on foot. A deputy chased and caught Woods. When Woods was booked, the officers found $98 in cash in his shoe, the same amount that was stolen from the customer. White was also captured a short distance away. The deputies recovered the cook’s wallet from White’s pocket and a large amount of cash from some bushes where White had hidden it. Officers searched the truck and found a handgun and a crowbar, items that the customer identified at trial as the weapons used during the robberies. Although he managed to escape that night, Ward was arrested at home the next day.

Prior to the trial of Ward, Woods and Hawkins, White pled guilty to armed robbery and agreed to testify against his co-indictees. White identified the loaded gun recovered from his truck as the weapon used [417]*417in the armed robberies. He testified that he told his co-indictees earlier in the evening that he wanted to commit a robbery and that they all knew that he had a gun. He testified that he and the other men discussed robbing the Waffle House after they finished eating and were in the parking lot. The evidence is sufficient to support the convictions of Hawkins and Woods under Jackson v. Virginia,1 See Skipper v. State, 314 Ga. App. 870, 873 (1) (726 SE2d 127) (2012) (evidence that defendant discussed attempted armed robbery beforehand with the other perpetrators, provided part of a disguise, drove the co-defendants to the crime scene, was present near the scene of the attempted robbery, fled the scene after the attempted robbery, and changed her story about the details of the night of the attempted robbery supported conviction for being a party to the attempted armed robbery).

2. Both Hawkins and Woods argue that the testimony of Cindy Ash, an investigator with the Douglas County District Attorney’s Office, put their characters in issue. Hawkins also argues that the trial court erred by limiting his cross-examination of Ash.

At one point in the trial, defense counsel informed the court outside the jury’s presence that during defendant Cordell Ward’s testimony, Ash, who was seated among the spectators, had pointed at and threatened a family member of Ward’s and Hawkins’s who was also watching the trial. The judge acknowledged that he had seen Ash point her finger. He instructed the assistant district attorney to require Ash to remain outside the courtroom because she was “getting] into it” with a witness’s family. The judge said that Ash needed “to stay a little more dispassionate. [He] understood her desire to help, but sometimes it was getting a little bit overwrought.”

Later, the assistant district attorney called Ash as a witness to rebut Ward’s testimony that he did not know who picked him up after he jumped from the bed of the truck and fled from the police. Ash testified that she had been present in the courtroom during Ward’s testimony. She testified that when the assistant district attorney asked Ward who picked him up, a man sitting in front of her, Terell Caldwell, commented that he had picked up Ward that night.

On cross-examination, Hawkins’s attorney asked Ash whether it was true that she had become very upset during the trial and had approached him to say “your friend’s making motions or signs or doing some kind of communication with one of the defendants up [418]*418here.” Although Ash denied being upset, she admitted that she had approached counsel who said he would take care of it. Counsel then asked her whether it were true that the judge had ordered her out of the courtroom during the trial. The state objected on the ground that the issue was irrelevant, and the court sustained the objection. Defense counsel argued that the evidence was “relevant because it [went] to her interactions with the family members and particularly Terell Caldwell.” He argued that Ash had had “certain interactions with this family” that were relevant to her credibility. The court reiterated that the evidence was irrelevant, and counsel continued his cross-examination of Ash. He asked Ash whether she had been sitting next to family members and Caldwell all week, and Ash responded:

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729 S.E.2d 549, 316 Ga. App. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-state-gactapp-2012.