Jones v. State

505 S.E.2d 749, 270 Ga. 25, 98 Fulton County D. Rep. 3331, 1998 Ga. LEXIS 935
Supreme Court of Georgia·Decided October 5, 1998·No. S98A0910·Published·Cited by 21 cases

Opinions

Benham, Chief Justice.

This appeal is from Gerrod Oscar Jones’s convictions of felony murder, possession of a firearm during commission of a crime, concealing the death of another, two counts of first degree forgery, and four counts of theft by taking.1 The evidence presented at trial by the State showed that appellant Gerrod Jones and Teco Jones, appellant’s girlfriend’s cousin, were with the victim in the victim’s car when Gerrod Jones, from the backseat, shot the victim twice, the second shot to the victim’s head. Appellant and Teco Jones wrapped the victim in a blanket and dumped his body in woods where his skeletal remains were later recovered. Filling out and using withdrawal slips from the victim’s car, they made two withdrawals from the victim’s bank account after his death, used his car, and then took the stereo and items of personal property from his car. At trial, the State introduced a statement in which Gerrod Jones claimed that the first shot was accidental, but admitted that the shot to the victim’s head was intentional. Teco Jones testified for the State, implicating Gerrod Jones, who testified in turn that it was Teco Jones who did the shooting and that his earlier confession was the product of coercion by Teco Jones’s aunt (appellant’s girlfriend’s mother).

1. The evidence presented at trial and summarized above was sufficient to authorize a rational trier of fact to find Jones guilty beyond a reasonable doubt of the crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Sheppard v. State, 267 Ga. 276 (1) (476 SE2d 760) (1996); Waldrip v. State, 267 Ga. 739 (482 SE2d 299) (1997); Kaple v. State, 265 Ga. 772 (462 SE2d 134) (1995); Huewitt v. State, 218 Ga. App. 566 (462 SE2d 463) (1995).

2. Pursuant to a challenge by the State, the trial court disallowed one of Jones’s peremptory strikes and placed the stricken juror [26] back on the jury. Jones complains on appeal that the trial court did not follow the correct procedure and incorrectly determined that the race-neutral reasons given for the challenged strike were pretextual.

The procedure to be followed by trial courts when such a challenge is made was set forth by this Court in Chandler v. State, 266 Ga. 509 (2) (467 SE2d 562) (1996):

The opponent of a peremptory challenge must make a prima facie showing of racial discrimination; the burden of production shifts to the proponent of the strike to give a race-neutral reason for the strike; the trial court then decides whether the opponent of the strike has proven discriminatory intent. The “ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike.” [Cit.]

Contrary to Jones’s contention, our review of the record shows that the trial court did follow the proper steps in considering the challenges. Following the State’s challenge of two of the strikes, the trial court specifically noted that the pattern of the peremptory strikes used by the defense (using eight strikes to remove seven white males and one Asian male from the jury) established a prima facie case of discrimination. After the defense offered reasons for the challenged strikes, the trial court considered them, held that they were race-neutral, noted that the opponent of the strike had the burden of showing them to be pretextual, and asked the State to comment on the issue. After the State argued that the reasons were pretextual, the trial court rejected one of the State’s challenges, but ruled that the other challenge was valid, finding specifically that the reason given for that strike was pretextual. Thus, since the trial court faithfully followed the procedure as outlined in Chandler, supra, we find no merit in Jones’s argument based on procedure.

Jones also challenges the trial court’s finding that the reason given for striking one juror was pretextual. The trial court’s finding of fact that the strike was exercised in a purposefully discriminatory manner must be affirmed unless clearly erroneous. Minor v. State, 264 Ga. 195 (5) (442 SE2d 754) (1994). Here, the trial court stated that it had considered the record as a whole and had specifically considered defense counsel’s explanation for the strike. In finding the reason for one strike to be pretextual, the trial court noted that one of the race-neutral reasons for exercising the successfully challenged strike was applied inconsistently by defense counsel, used as a basis for striking that juror, but not used to strike other similarly situated jurors. The trial court also took specific note that defense counsel, in justifying the use of the strike which was disallowed, explained [27] that he had made that choice because he assumed the State would make the next strike based on race, an assumption which proved unfounded. In light of counsel’s admission that race played a role in that strike, we cannot say that the trial court’s finding of purposeful discrimination was clearly erroneous. Accordingly, we find no error in the trial court’s upholding of the State’s challenge of one peremptory strike by the defense. Id.

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Jones v. State, 505 S.E.2d 749, 270 Ga. 25, 98 Fulton County D. Rep. 3331, 1998 Ga. LEXIS 935 (Ga. 1998).

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Jones v. State
505 S.E.2d 749 (Supreme Court of Georgia, 1998)