Mathis v. State

594 S.E.2d 737, 265 Ga. App. 541, 2004 Fulton County D. Rep. 630, 2004 Ga. App. LEXIS 176, 2004 WL 242910
Court of Appeals of Georgia·Decided February 11, 2004·No. A04A0553·Published·Cited by 5 cases

Opinion

Eldridge, Judge.

Robert Lewis Mathis, Jr. was charged with four counts of violation of the Georgia Controlled Substances Act. Following a jury trial, he was convicted of Counts 1, 2, and 4. Mathis appeals from the denial of his motion for new trial. He alleges that the evidence was insufficient to support the verdict and that his trial counsel was ineffective. Finding no error, we affirm.

Viewed in a light most favorable to the verdict,1 the evidence shows that during the months of February through December 2001, Herman Sampson, a deputy with the Bibb County Sheriff’s Department, was working as an undercover agent in Crawford County as part of the Middle Georgia Task Force. On July 27, 2001, Deputy Sampson went to the home of Eloise Gibson, who lived on the same street as Mathis, in an attempt to purchase $50 worth of crack cocaine. After finding out what Deputy Sampson wanted, Gibson made a phone call and asked for Robert. Gibson then directed Deputy Sampson to follow her to Hortman’s store. Mathis came out of the store and spoke with Gibson. Deputy Sampson and Gibson went back to Gibson’s house and waited in the yard. Minutes later, Mathis drove up and went into his house. Mathis came out of his house, and Deputy Sampson observed Gibson exchange the $50 he had given her earlier for a package that Mathis had in his hand. Gibson turned the package over to Deputy Sampson who testified that it was a piece of tissue containing crack cocaine.

Between July 26 and September 2001, Deputy Sampson contin[542] ued to see Mathis around town. On September 7, 2001, at 6:45 p.m., Deputy Sampson went to the BP station where Mathis often went to play the 7:00 p.m. lottery game. Deputy Sampson testified that the purpose of his trip to the BP station was to try and purchase illegal drugs. Deputy Sampson parked in the BP station parking lot with his truck’s hood open and stood as if working on his truck while waiting for Mathis to exit the building. When Mathis came out, he walked over to Deputy Sampson’s truck and placed an item in a white tissue on the hood of Deputy Sampson’s truck. Deputy Sampson pointed to $50 he had earlier placed under the hood of the truck. Mathis picked up the money, counted it, stated to Deputy Sampson that it was too much, and gave him $10 back. When Deputy Sampson opened the tissue it contained crack cocaine.2

Deputy Sampson further testified that on September 14, 2001, he drove to Mathis’ residence. When Deputy Sampson blew the horn of his vehicle, Mathis exited his house. Deputy Sampson told Mathis he wanted to purchase $40 worth of cocaine. Mathis gave Deputy Sampson a tissue which contained crack cocaine in exchange for the $40. Held:

1. Mathis’ contention that the evidence was insufficient to sustain the verdict is without merit.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys 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[, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979)].

(Footnote omitted.) Phagan v. State, 243 Ga. App. 568, 569-570 (2) (533 SE2d 757) (2000).

Mathis argues that reversal is mandated because Deputy Sampson’s written reports gave conflicting descriptions of Mathis, in that, in one report he estimated Mathis’ weight to be between 225 and 250 pounds, while in a subsequent report he estimated Mathis’ weight at 180 pounds. However,

[Conflicts in the testimony of the witnesses, including the State’s witnesses, [are] a matter of credibility for the jury to resolve. As long as there is some competent evidence, even [543] though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. The testimony of a single witness is generally sufficient to establish a fact.

(Footnote omitted.) Phagan v. State, supra.

Here, Deputy Sampson testified that he knew Mathis by sight and by the names of Robert and Go-Man prior to the first drug buy and that he was certain that Mathis was the individual from whom he purchased crack cocaine on each of the occasions set forth in the facts above. As such, the evidence was sufficient to authorize a rational trier of fact to find Mathis guilty beyond a reasonable doubt of the crimes for which he was convicted.

2. Mathis alleges that his trial counsel was ineffective in not showing that officers of the Crawford County Sheriff’s Office prosecuted him because he refused to help them prosecute other people in the community. In regard thereto, Mathis argues that trial counsel erred: (1) in advising him not to testify; (2) in failing to call Investigator George Haliburton as a witness for the defense to testify that he told Mathis that he would falsely prosecute Mathis because he would not act as an informant; and (3) in failing to call Frank Hollis and Reginald Carter as witnesses for the defense to testify that Mathis told them that police officers were trying to unlawfully prosecute him for crimes that he did not commit because he refused to act as an informant.

To prove he has received ineffective assistance of counsel, the defendant must show both that counsel's performance was deficient and that this deficiency prejudiced the defense. Thus counsel’s performance will not be found to be deficient if it falls within the range of reasonably effective assistance. The defendant must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct. As to deficient performance, errors in judgment and tactical errors do not constitute denial of effective assistance of counsel.

(Citation and footnote omitted.) George v. State, 257 Ga. App. 645, 646 (2) (572 SE2d 644) (2002). “A trial court’s finding that a defendant has received effective assistance of counsel will be upheld on appeal unless clearly erroneous. [Cit.]” Willingham v. State, 241 Ga. App. 509.(2) (527 SE2d 232) (1999).

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Mathis v. State, 594 S.E.2d 737, 265 Ga. App. 541, 2004 Fulton County D. Rep. 630, 2004 Ga. App. LEXIS 176, 2004 WL 242910 (Ga. Ct. App. 2004).

594 S.E.2d 737 (Mathis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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