Richards v. State

563 S.E.2d 551, 254 Ga. App. 708, 2002 Fulton County D. Rep. 1195, 2002 Ga. App. LEXIS 448
CourtCourt of Appeals of Georgia
DecidedApril 3, 2002
DocketA02A0150
StatusPublished
Cited by1 cases

This text of 563 S.E.2d 551 (Richards 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
Richards v. State, 563 S.E.2d 551, 254 Ga. App. 708, 2002 Fulton County D. Rep. 1195, 2002 Ga. App. LEXIS 448 (Ga. Ct. App. 2002).

Opinion

Mikell, Judge.

A Spalding County jury convicted Jerome Melvin Richards of aggravated assault. On appeal, Richards challenges the sufficiency of the evidence. He also argues that the trial court erred by removing him from the courtroom and trying him in absentia, and by informing the jury that he was removed because of his disruptive behavior. We affirm.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses. To sustain the conviction, the evidence must be sufficient to authorize the jury’s finding of the defendant’s guilt of the crime charged beyond a reasonable doubt.1

So construed, the evidence shows that on November 21, 1998, Richards physically abused his girlfriend, Cheryl Blackmon. Blackmon testified that Richards slapped her in the face, causing her mouth to bleed, and that he threatened her with a hammer. Blackmon ran into her upstairs bathroom, raised the window, and yelled for help. As Richards stood over her in the bathroom, Blackmon heard her neighbor, Charlotte Penn, ask if everything was okay. Blackmon replied that everything was not okay and was eventually able to coax Richards down the stairs.

Blackmon held onto Charlotte after she and Richards walked down the stairs. Shortly thereafter, Charlotte’s brother, Deon Penn, [709]*709entered Blackmon’s apartment. As Richards tried to pull Blackmon away from Charlotte, Deon told Richards not to touch Charlotte. Blackmon ran to Charlotte’s apartment and called the police. As she waited for the police to arrive, Charlotte and Deon came into the apartment. Charlotte had blood on her clothes, and Deon’s face and head were bleeding.

Charlotte testified that after Blackmon left, she began to walk to her apartment. As Deon waited for her to enter her apartment, Richards tried to enter as well. When she told Richards that he could not come in, he turned to walk away, but then suddenly turned back and hit Deon in the head with a claw hammer several times. Charlotte testified that Deon did not hit or push Richards before Richards attacked him with the hammer.

Deon testified that he told Richards that he could not enter Charlotte’s apartment. As Deon waited for Charlotte to enter her apartment, Richards hit him with what he believed was a hammer, and Deon fell to his knees. Richards continued to hit Deon in his head. Deon’s injuries required 25 stitches in his left eye and 16 staples in his head and overnight hospitalization. Richards was indicted for the assault on Deon Penn.

1. In his first enumeration of error, Richards argues that the evidence was insufficient to sustain his conviction. We disagree.

OCGA § 16-5-21 (a) (2) provides that “[a] person commits the offense of aggravated assault when he or she assaults [w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” We find the evidence that Richards beat Deon Penn in the head with a hammer more than ample to support Richards’ conviction for aggravated assault. Richards’ argument in his brief that Deon’s injury occurred because they were fighting is not supported by the evidence.

2. Richards next argues that the trial court erred in removing him from the courtroom and trying him in absentia. In Illinois v. Allen,2 the United States Supreme Court stated:

[A] defendant can lose his right to be present at trial if, after he has been warned by the judge that he will be removed if he continues his disruptive behavior, he nevertheless insists on conducting himself in a manner so disorderly, disruptive and disrespectful of the court that his trial cannot be carried on with him in the courtroom. Once lost, the right to be present can, of course, be reclaimed as soon as the defendant is [710]*710willing to conduct himself consistently with the decorum and respect inherent in the concepts of courts and judicial proceedings.3

On appeal, we utilize the abuse of discretion standard.4

In State v. Fletcher,5 our Supreme Court held that Illinois v. Allen mandates that the trial “court make inquiry as to the state of mind of the defendant or warn him of the consequences of misconduct and inform him that by proper conduct he could regain the right to be present.”6 In this case, the record shows that Richards’ questionable behavior began as soon as he entered the courtroom. The jury panel was not yet present. Richards stated: “Where is — Where McBroom at, man, my emissary [sic]? Where is he at any of /all mother fuckers? And you better take these mother fucking handcuffs off me or I’ll blow my brains out right here because you ain’t not fixing to railroad me to no God-damned chain gang, ain’t nare [sic] one of /all.” As the court announced Richards’ case, the following colloquy occurred:

Court: [L]et the record reflect that —.
Richards: Care nothing ‘bout no mother fucking record, man.
Court: That the —.
Richards: Damn your record.
Court: Court presently has —.
Richards: You, too.
Court: — in front of it —.
Richards: What the fuck you talking about?
Court: — the case of the State of Georgia versus —.
Richards: Damn the State, man.
Court: — Jerome Melvin Richards.
Richards: What the fuck you talking about? Damn right that’s me, mother fucker.

The court read the charge and indictment number with continuous interruptions from Richards and then instructed the bailiffs to remove Richards from the courtroom. The trial judge then informed counsel that he planned to gag and shackle Richards and possibly tape his mouth, if necessary, to which Richards’ counsel objected. Richards was allowed to return to the courtroom, and upon his return, he immediately began to curse at the judge and everyone else in the courtroom. He was never gagged or shackled.

[711]*711As the court advised Richards of his right to be present, the following colloquy occurred:

Court: I am obligated —.
Richards: You ain’t fixing to try me nowhere.
Court:- — to inform you —.
Richards: You ain’t — You ain’t here fussing that, man. Go ahead and fuck —.
Court: — that you have a right to be in here during your trial.
Richards: Go ahead and fuck me up or put me back in. . . .
Court: However —.

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Related

Weaver v. State
705 S.E.2d 627 (Supreme Court of Georgia, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
563 S.E.2d 551, 254 Ga. App. 708, 2002 Fulton County D. Rep. 1195, 2002 Ga. App. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-state-gactapp-2002.