Morris v. State

746 S.E.2d 162, 322 Ga. App. 682, 2013 Fulton County D. Rep. 2377, 2013 WL 3358035, 2013 Ga. App. LEXIS 589
CourtCourt of Appeals of Georgia
DecidedJuly 5, 2013
DocketA13A0054
StatusPublished
Cited by27 cases

This text of 746 S.E.2d 162 (Morris 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
Morris v. State, 746 S.E.2d 162, 322 Ga. App. 682, 2013 Fulton County D. Rep. 2377, 2013 WL 3358035, 2013 Ga. App. LEXIS 589 (Ga. Ct. App. 2013).

Opinion

MCFADDEN, Judge.

Vincent Troy Morris was convicted of criminal street gang activity, criminal attempt to commit armed robbery, two counts of aggravated assault, and possession of a firearm during the commission of a felony. He appeals his convictions, arguing that the trial court erred in denying in part his motion to suppress; that the trial court erred in ruling that the state could use statements Morris made during proffer negotiations to impeach him, if he presented any evidence or defense that contradicted the proffer; and that he received ineffective assistance of counsel.

We find that the trial court did not err in denying in part Morris’s motion to suppress because the comment about which he complains did not express a hope of benefit; that the trial court did not err in enforcing the proffer agreement; and that Morris has not shown that trial counsel’s performance was deficient. We therefore affirm Morris’s convictions.

1. The evidence supports the convictions.

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).

Cordy v. State, 315 Ga. App. 849 (1) (729 SE2d 13) (2012) (citation omitted).

So viewed, the evidence shows that Morris was a member of a gang that referred to itself as the International Robbing Crew or IRC, and which was engaged in numerous criminal activities, including robbery, burglary, and murder. On May 22, 2007, the gang, including [683]*683Morris, intended to rob Randy Griffin. One car of gang members followed Griffin as he left a club to go home. A second car of gang members, including Morris, was lying in wait at Griffin’s apartment complex. A gang member in the first car alerted the gang members in the second car that Griffin was approaching his residence. The gang members in the second car, including Morris, engaged in a shootout with Griffin during which Griffin’s girlfriend Lacey Magee suffered a gunshot wound to her hand. Morris and co-defendant Carlos Drennon were also shot. Meanwhile, the first car arrived just outside Griffin’s complex as the shootout was occurring. In a panic, Randy Griffin ran outside the complex, entered the first gang car, and told the occupants that someone had tried to rob him and that his girlfriend had been shot. When the vehicle in which Morris was riding drove out of the complex, Griffin exited the first gang car and started shooting at the second vehicle as it drove away.

Drennon, the injured co-defendant, sought treatment at the same hospital as the victim Magee. While at the hospital, Griffin identified Drennon to police. Less than a month later, on June 10, 2007, three gang members encountered Griffin at a club and two of them shot and killed him.

At trial, several witnesses, including Atlanta Police Detective David Quinn and IRC member Marciell Easterling, testified to the facts and circumstances of the IRC’s criminal activities, corroborating Morris’s participation in the attempted armed robbery of Griffin as well as the armed robbery and murder of Clarence Hargrave and the armed robbery and murder of Dwayne Osby. The state also admitted into evidence Morris’s statement, in which he admitted to participating in the Clarence Hargrave and Dwayne Osby murders, and a gun he had sold to a pawn shop and which ballistics tests showed had been used in the attempted armed robbery of Griffin. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find Morris guilty beyond a reasonable doubt of criminal street gang activity, OCGA § 16-15-4; criminal attempt to commit armed robbery, OCGA §§ 16-4-1,16-8-41; aggravated assault, OCGA § 16-5-21; and possession of a firearm during the commission of a felony, OCGA § 16-11-106. Jackson v. Virginia, supra, 443 U. S. 307.

2. The trial court did not err in denying Morris’s motion to suppress.

Morris moved to suppress in part the statement he gave to Detective Quinn and Agent Marcos Bess because, he argues, Agent Bess offered a hope of benefit. During the interview with Morris, [684]*684Agent Bess said:

We sitting here asking you about two murders and your role in it, man. Whatever you tell us, it ain’t gonna make you no more or no less than what, what you got. You ain’t gonna get no more charges from this interview, man, but you can — you can at least clarify what your role was and the extent of it.

The trial court denied the motion, rejecting Morris’s argument that he was offered a hope of benefit.

“[W]hen we review the denial of a motion to suppress a statement, we owe no deference to the way in which the trial court resolved questions of law, but we generally accept its findings about questions of fact and credibility unless clearly erroneous.” Edenfield v. State, 293 Ga. 370, 374 (2) (744 SE2d 738) (2013) (citation and footnote omitted). An accused’s statement to law enforcement is admissible only if the statement was voluntary, which “means that the statement must not have been induced by ‘hope of benefit,’ among other things— As we have explained before, a ‘hope of benefit’ arises from promises related to reduced criminal punishment — a shorter sentence, lesser charges, or no charges at all.” Id. at 373 (2) (citations and punctuation omitted). “The promise of a benefit that will render a confession involuntary . . . must relate to the charge or sentence facing the suspect. Generally, the ‘hope of benefit’. . . has been construed as a hope of lighter punishment.” Sosniak v. State, 287 Ga. 279, 286 (1) (B) (695 SE2d 604) (2010) (citation omitted).

Applying these principles to this case, we conclude that the “statement that there would be ‘no [more] charges’... was made in the context of encouraging [Morris] to be truthful. . . . The detectives never promised or gave hope to [Morris] that he would receive a lighter punishment in exchange for a confession to the crimes with which he was charged.” Id. at 287. The trial court did not err in denying Morris’s motion to suppress.

3. The trial court properly enforced the proffer agreement.

On February 11, 2008, Morris entered a proffer agreement with the District Attorney’s Office. The agreement provided that if Morris

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Bluebook (online)
746 S.E.2d 162, 322 Ga. App. 682, 2013 Fulton County D. Rep. 2377, 2013 WL 3358035, 2013 Ga. App. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-gactapp-2013.