Sabree v. State

392 S.E.2d 886, 195 Ga. App. 135, 1990 Ga. App. LEXIS 427
CourtCourt of Appeals of Georgia
DecidedMarch 8, 1990
DocketA89A1855, A89A1856
StatusPublished
Cited by12 cases

This text of 392 S.E.2d 886 (Sabree 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
Sabree v. State, 392 S.E.2d 886, 195 Ga. App. 135, 1990 Ga. App. LEXIS 427 (Ga. Ct. App. 1990).

Opinions

Deen, Presiding Judge.

Tamar Abdul Sabree and his former wife, Tauheedah Sabree, separately appeal their convictions, in a joint trial, for the offenses of armed robbery and possession of cocaine, marijuana, and codeine. The three drug-related counts arose out of the execution of a search warrant at the couple’s residence, two weeks after the robbery.

On October 30, 1987, the manager of a steak house in Riverdale was robbed in his vehicle in the restaurant parking lot of several thousand dollars. A masked man wearing coveralls with an insignia on the breast, knocked on the manager’s car window and demanded the money, which the manager relinquished when the man produced a gun. The manager saw the robber’s hand and determined he was a black male. The robber entered a silver 1986 or 1987 Nissan Sentra being driven by a black female. Because the vehicle license plate was partially covered, the manager only noticed an “N” or an “H” thereon. He was unable to identify appellants in court but did positively identify coveralls seized in a search of appellants’ residence.

At approximately 8:45 a.m. that morning, another employee no[136]*136ticed a black male and black female standing outside the bathroom door. She had gotten close to the couple, and saw them for approximately three minutes before they left. She identified both appellants in photographic lineups and in court.

Another employee, Mrs. Mitchell, at 10:45 a.m. saw a car in the employees’ back parking lot. After the two occupants told her they were waiting for the restaurant to open, she had her daughter write the vehicle’s tag number, NSW 397. She tentatively identified Tauheedah Sabree in a photo lineup and identified both at trial. Her daughter picked Tauheedah and Tamar from a photo lineup and identified both in court.

The tag number, NSW 397, was registered to Budget Rent-a-Car of Atlanta. The vehicle was located in Budget’s airport parking lot on October 31. The car had been cleaned and gassed. The latest rental application showed the car had been rented at 6:36 a.m. on October 30,1987, by Tauheedah Sabree. That same day, after 1:00 p.m., it was just left at Budget rather than turned in by anyone. Appellant Tauheedah Sabree used her American Express card to rent the car, but listed a false address and place of employment on her application. The rental agent chose two photos from a lineup but favored the photo of Tauheedah Sabree as the woman who had rented the car.

Delta Airline records showed appellants flew from Atlanta to Raleigh-Durham, North Carolina on October 30, 1987, on a 1:48 p.m. flight. The tickets had been purchased with Tauheedah Sabree’s American Express card.

Evidence and testimony concerning appellants’ financial troubles around the time of the robbery were admitted at trial to show motive.

A search pursuant to a warrant was conducted at appellants’ residence on November 17, 1987. Marijuana was located in one of their cars; the coveralls identified as those worn by the robber were found in the master bedroom; tablets containing Schedule III codeine were found in the master bathroom medicine cabinet; an open briefcase on a stand was found in the same bathroom and contained cocaine, a pipe, a roach clip, a razor blade, a mirror, other drug paraphernalia, and many caliber bullets. A shaving kit containing marijuana was also found, as were scales and a syringe. In a chair near the front door was a coat containing a gun wrapped in a mask. The American Express credit card used to rent the car was found in Tauheedah Sabree’s purse. During the search, a detective overheard Tamar Abdul Sabree asking Tauheedah if she had used the credit card to rent the car.

Both Mr. Sabree and Mrs. Sabree were represented by the same appointed trial counsel. On appeal, Mrs. Sabree retains separate counsel. Tamar Abdul Sabree enumerates five errors below; Tauheedah Sabree alleges nine. Held:

1. Both appellants contend the trial court erred in denying their [137]*137motions to sever the prosecution for the October 30, 1987, armed robbery offense from prosecution of the drug possession charges. Each contends the drug-related offenses were separate and distinct from the armed robbery charge, and the prosecution of the drug-related counts irreparably prejudiced their defense of the armed robbery charge, and vice versa, so that a fair determination of their guilt or innocence of each offense (Isbell v. State, 179 Ga. App. 363 (346 SE2d 857)), could not be made.

In Isbell, supra at 366, we held: “ ‘Offenses may be “joined for trial when they are based (1) ‘on the same conduct’ or (2) ‘on a series of acts connected together’ or (3) on a series of acts ‘constituting parts of a single scheme or plan.’ (Cit.) If offenses are joined for any of these three reasons, the defendant does not have an automatic right of severance; instead, the trial judge may grant severance if it is necessary ‘to achieve a fair determination of the defendant’s guilt or innocence of each offense.’ (Cit.)” ’ ”

The finders of fact, based upon their own experience in the common world, could reasonably infer a connection between the possession of illegal drugs, including cocaine, and the armed robbery which occurred two weeks earlier. The high cost of illegal drugs and the resort of many to crime to finance their use is a circumstance generally known to public consciousness; thus, there was some connecting element between the two types of offenses so as to disentitle appellants to an automatic right of severance. Id. Moreover, a severance could have placed the prosecutions of all offenses, particularly the drug-related offenses, at risk based on the commonality of evidence that would have to be introduced (see Catchings v. State, 256 Ga. 241 (347 SE2d 572)), while on the other hand, the overwhelming evidence implicating both defendants in the armed robbery renders most probably harmless any prejudicial addition of evidence of the discovery of drugs. The trial court did not abuse its discretion in denying the motions to sever.

2. Both appellants contend it was error to admit evidence of their joint and separate bad financial condition for a year prior to the robbery, including evidence of bad checks and overdrawn accounts up to two months before the robbery. This evidence was clearly admissible to show possible motive, intent, or bent of mind, according to the rule of Causey v. State, 154 Ga. App. 76 (267 SE2d 475), as to both the armed robbery and the drug offenses. See, e.g., Dukes v. State, 186 Ga. App. 773 (369 SE2d 257); Pelligrini v. State, 174 Ga. App. 84 (329 SE2d 186). Every act or circumstance serving to elucidate or throw light upon a material issue is relevant. Ford Motor Co. v. Stubblefield, 171 Ga. App. 331, 338 (319 SE2d 470). If there were any doubt as to the admissibility of this evidence, it was better admitted, for in general, evidence tending to have any relevance should be admitted, and [138]*138its weight and credibility left for the jury. Id. The trial court did not abuse its discretion in admitting this evidence. See Lewis v. State, 158 Ga. App. 586, 587 (1) (281 SE2d 331).

3. Further, as to Tamar Abdul Sabree’s second challenge to inadmissible evidence, we find that in fact no prejudicial evidence of his religious affiliations was admitted to the jury.

4.

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Sabree v. State
392 S.E.2d 886 (Court of Appeals of Georgia, 1990)

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Bluebook (online)
392 S.E.2d 886, 195 Ga. App. 135, 1990 Ga. App. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabree-v-state-gactapp-1990.