Hines, Justice.
A jury found Willie M. Sampson guilty of malice murder and felony murder while in the commission of aggravated assault in connection with the fatal shooting of his former girlfriend, Peggy Scott. Sampson appeals, challenging the admission of what he characterizes as “bad character” evidence, certain comments by the State in closing argument, the charge to the jury on identity, and the effectiveness of his trial counsel. The challenges are without merit, but because of an irregularity in sentencing, we affirm in part and vacate in part.
The evidence construed in favor of the verdicts showed that in the early morning hours of May 29, 1978, Peggy Scott and her long-time friend Marvin Marshall were sitting in Marshall’s car outside Scott’s apartment when Scott’s ex-boyfriend, Sampson, drove up in his black Thunderbird. Scott commented, “That’s Sampson.” Sampson parked his car and exited carrying some unknown object in his hand. He walked into Scott’s apartment where Scott’s three young children were asleep in the living room, looked around, and then left the apartment and approached Marshall’s car. Upon discovering Marshall and Scott together in the car, Sampson put a shotgun to Marshall’s head and the two men exchanged words. Sampson then turned the shotgun on Scott and ordered her out of the car, but fired the weapon before she could do so, striking her in the neck. Scott died instantly. Sampson ran back to his car, threw the shotgun into the trunk, and sped off.
When the police arrived, Marshall identified Sampson as the shooter. Marshall had known Sampson for over a year, knew Scott and Sampson had recently broken up, knew the kind of car Sampson drove, and was able to provide police with Sampson’s name and place
of work. Despite a full-scale manhunt for Sampson, he remained at large for over 24 years until June 4, 2002, when a detective in the Columbus, Georgia, Police Department found a notation in the N.C.I.C. database that Sampson’s F.B.I. file had been updated. He contacted the F.B.I. and learned that police officers in Columbus, Mississippi had “made contact” with Sampson who was then living there under the assumed name of William Jernigan. Shortly thereafter, Sampson was brought back to Georgia.
1. The evidence at trial was sufficient to enable a rational trier of fact to find Sampson guilty beyond a reasonable doubt of the crimes for which he was found guilty and convicted.
Jackson v. Virginia,
443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Sampson contends that it was error to allow the State to elicit testimony from the detective who discovered his whereabouts to the effect that Sampson had been arrested and had a criminal history, including an F.B.I. file, because such evidence improperly placed his character in issue, thereby prejudicing him. However, Sampson failed to object to the evidence at trial; therefore, he has waived appellate review of the issue.
Castillo v. State,
281 Ga. 579, 584 (6) (642 SE2d 8) (2007).
3. Sampson next contends that the State in closing argument was improperly permitted to violate the “golden rule” by commenting on his future dangerousness. But, Sampson did not voice such an objection to the cited statements. This failure to object at trial precludes this Court’s consideration of the merits of the contentions regarding improper argument about future dangerousness because in the appeal of a non-death penalty murder case the defendant’s failure to object to the State’s closing argument waives his right to rely on the alleged impropriety of that argument as a basis for reversal.
Fulton v. State,
278 Ga. 58, 62 (7) (597 SE2d 396) (2004). Nevertheless, the comments cited by Sampson do not improperly refer to his future dangerousness.
4. Sampson further contends that in closing argument the State was erroneously allowed to comment on his failure to testify and to
assert that he had a burden to prove his innocence. But, this contention is likewise unavailing. Sampson failed to object to most of the comments he now cites as improper; therefore, he has waived his complaints regarding those comments.
Fulton v. State,
supra at 62 (7). Moreover, such statements were not, in fact, comments on Sampson’s failure to testify.
As to statements by the prosecutor that Sampson had been given a preliminary hearing, and that there were different types of defenses, including “no defense, just nitpick,” and the prosecutor’s comments to the effect that Sampson was just “nitpicking” over the evidence, Sampson’s attorney did object and the objections were sustained. Sampson did not pursue any further remedy. Indeed, when the prosecutor made an additional comment about “nitpicking” there was no objection from Sampson. Id.
As to any implication that Sampson had the burden of proof, the trial court properly charged the jury regarding the presumption of innocence, that the defendant had no duty to present any evidence of his innocence or that he had any burden of proof whatsoever, and that the burden never shifted to the defendant to introduce evidence or to prove his innocence. Qualified jurors are presumed to follow the instructions of the trial court.
Allen v. State,
277 Ga. 502, 504 (3) (c) (591 SE2d 784) (2004).
Moreover, even if the cited portions of the closing argument had been improper, in light of the overwhelming evidence of Sampson’s guilt and the high probability that the argument did not contribute to the jury’s verdicts, any error would have to be deemed harmless.
Sterling v. State,
267 Ga. 209, 212 (8) (477 SE2d 807) (1996).
5. Citing
Brodes v. State,
279 Ga. 435 (614 SE2d 766) (2005), Sampson asserts that the trial court committed reversible error by charging the jury that the level of certainty demonstrated by a witness in the identification of a defendant is a factor that it might consider in assessing the reliability of that witness. However, it appears from the transcript of the charge conference that Sampson requested that the trial court give such a charge; if so, he is precluded from challenging it as error.
Inman v. State,
281 Ga. 67, 69 (2) (635 SE2d 125) (2006). Moreover, after being askedby the trial court about objections to the jury instructions, Sampson’s attorney responded that there were no objections, and counsel did not reserve the right to
later challenge the charge. “The failure to reserve objections to the content of the jury instructions waives the right to assert the purported error on motion for new trial or on appeal.”
Tillman v. Massey,
281 Ga. 291, 292 (637 SE2d 720) (2006).
Even so, the eyewitness, Marshall, was acquainted with Sampson before the murder took place, and was immediately able to give the police a detailed description of Sampson. The eyewitness’s prior knowledge of the perpetrator militates against a finding of harm from the giving of the “level of certainty” language. See
Dunson v. State,
275 Ga. App. 515, 517 (2) (621 SE2d 525) (2005).
Free access — add to your briefcase to read the full text and ask questions with AI
Hines, Justice.
A jury found Willie M. Sampson guilty of malice murder and felony murder while in the commission of aggravated assault in connection with the fatal shooting of his former girlfriend, Peggy Scott. Sampson appeals, challenging the admission of what he characterizes as “bad character” evidence, certain comments by the State in closing argument, the charge to the jury on identity, and the effectiveness of his trial counsel. The challenges are without merit, but because of an irregularity in sentencing, we affirm in part and vacate in part.
The evidence construed in favor of the verdicts showed that in the early morning hours of May 29, 1978, Peggy Scott and her long-time friend Marvin Marshall were sitting in Marshall’s car outside Scott’s apartment when Scott’s ex-boyfriend, Sampson, drove up in his black Thunderbird. Scott commented, “That’s Sampson.” Sampson parked his car and exited carrying some unknown object in his hand. He walked into Scott’s apartment where Scott’s three young children were asleep in the living room, looked around, and then left the apartment and approached Marshall’s car. Upon discovering Marshall and Scott together in the car, Sampson put a shotgun to Marshall’s head and the two men exchanged words. Sampson then turned the shotgun on Scott and ordered her out of the car, but fired the weapon before she could do so, striking her in the neck. Scott died instantly. Sampson ran back to his car, threw the shotgun into the trunk, and sped off.
When the police arrived, Marshall identified Sampson as the shooter. Marshall had known Sampson for over a year, knew Scott and Sampson had recently broken up, knew the kind of car Sampson drove, and was able to provide police with Sampson’s name and place
of work. Despite a full-scale manhunt for Sampson, he remained at large for over 24 years until June 4, 2002, when a detective in the Columbus, Georgia, Police Department found a notation in the N.C.I.C. database that Sampson’s F.B.I. file had been updated. He contacted the F.B.I. and learned that police officers in Columbus, Mississippi had “made contact” with Sampson who was then living there under the assumed name of William Jernigan. Shortly thereafter, Sampson was brought back to Georgia.
1. The evidence at trial was sufficient to enable a rational trier of fact to find Sampson guilty beyond a reasonable doubt of the crimes for which he was found guilty and convicted.
Jackson v. Virginia,
443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Sampson contends that it was error to allow the State to elicit testimony from the detective who discovered his whereabouts to the effect that Sampson had been arrested and had a criminal history, including an F.B.I. file, because such evidence improperly placed his character in issue, thereby prejudicing him. However, Sampson failed to object to the evidence at trial; therefore, he has waived appellate review of the issue.
Castillo v. State,
281 Ga. 579, 584 (6) (642 SE2d 8) (2007).
3. Sampson next contends that the State in closing argument was improperly permitted to violate the “golden rule” by commenting on his future dangerousness. But, Sampson did not voice such an objection to the cited statements. This failure to object at trial precludes this Court’s consideration of the merits of the contentions regarding improper argument about future dangerousness because in the appeal of a non-death penalty murder case the defendant’s failure to object to the State’s closing argument waives his right to rely on the alleged impropriety of that argument as a basis for reversal.
Fulton v. State,
278 Ga. 58, 62 (7) (597 SE2d 396) (2004). Nevertheless, the comments cited by Sampson do not improperly refer to his future dangerousness.
4. Sampson further contends that in closing argument the State was erroneously allowed to comment on his failure to testify and to
assert that he had a burden to prove his innocence. But, this contention is likewise unavailing. Sampson failed to object to most of the comments he now cites as improper; therefore, he has waived his complaints regarding those comments.
Fulton v. State,
supra at 62 (7). Moreover, such statements were not, in fact, comments on Sampson’s failure to testify.
As to statements by the prosecutor that Sampson had been given a preliminary hearing, and that there were different types of defenses, including “no defense, just nitpick,” and the prosecutor’s comments to the effect that Sampson was just “nitpicking” over the evidence, Sampson’s attorney did object and the objections were sustained. Sampson did not pursue any further remedy. Indeed, when the prosecutor made an additional comment about “nitpicking” there was no objection from Sampson. Id.
As to any implication that Sampson had the burden of proof, the trial court properly charged the jury regarding the presumption of innocence, that the defendant had no duty to present any evidence of his innocence or that he had any burden of proof whatsoever, and that the burden never shifted to the defendant to introduce evidence or to prove his innocence. Qualified jurors are presumed to follow the instructions of the trial court.
Allen v. State,
277 Ga. 502, 504 (3) (c) (591 SE2d 784) (2004).
Moreover, even if the cited portions of the closing argument had been improper, in light of the overwhelming evidence of Sampson’s guilt and the high probability that the argument did not contribute to the jury’s verdicts, any error would have to be deemed harmless.
Sterling v. State,
267 Ga. 209, 212 (8) (477 SE2d 807) (1996).
5. Citing
Brodes v. State,
279 Ga. 435 (614 SE2d 766) (2005), Sampson asserts that the trial court committed reversible error by charging the jury that the level of certainty demonstrated by a witness in the identification of a defendant is a factor that it might consider in assessing the reliability of that witness. However, it appears from the transcript of the charge conference that Sampson requested that the trial court give such a charge; if so, he is precluded from challenging it as error.
Inman v. State,
281 Ga. 67, 69 (2) (635 SE2d 125) (2006). Moreover, after being askedby the trial court about objections to the jury instructions, Sampson’s attorney responded that there were no objections, and counsel did not reserve the right to
later challenge the charge. “The failure to reserve objections to the content of the jury instructions waives the right to assert the purported error on motion for new trial or on appeal.”
Tillman v. Massey,
281 Ga. 291, 292 (637 SE2d 720) (2006).
Even so, the eyewitness, Marshall, was acquainted with Sampson before the murder took place, and was immediately able to give the police a detailed description of Sampson. The eyewitness’s prior knowledge of the perpetrator militates against a finding of harm from the giving of the “level of certainty” language. See
Dunson v. State,
275 Ga. App. 515, 517 (2) (621 SE2d 525) (2005). Furthermore, the trial court instructed the jury about the State’s burden of proving Sampson’s identity as the perpetrator beyond a reasonable doubt as well as other relevant considerations; therefore, it is highly probable that the jury charge on “level of certainty” did not contribute to the verdicts.
Woodruff v. State,
281 Ga. 235, 236 (2) (637 SE2d 391) (2006).
6. Sampson contends that he was denied effective assistance of trial counsel because of counsel’s failure to properly investigate and prepare for trial, to raise valid objections during the State’s closing argument, and to reserve objections to the jury charge. However, Sampson’s claims of insufficient investigation and trial preparation are merely general and bald assertions; Sampson cites no specific deficiencies, nor does he support the claims with argument or citation of authority, therefore they are abandoned.
Walker v. State,
281 Ga. 157, 161-162 (7) (635 SE2d 740) (2006).
As to Sampson’s remaining claims about the failures to object to portions of the State’s closing argument and to reserve objections to the jury charge, the failure to make objections which will not succeed, see Divisions 3, 4, and 5, supra, cannot support a claim of ineffective assistance of counsel.
Fults v. State,
274 Ga. 82, 87 (7) (548 SE2d 315) (2001). This is so because in order to prevail on his claim of ineffective assistance of trial counsel, Sampson has to show that his attorney’s performance was deficient, and that but for the deficiency, there is a reasonable probability that the result of his trial would have been different.
Strickland v. Washington,
466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984);
Warbington v. State,
281 Ga. 464, 465 (2) (640 SE2d 11) (2007). This he has not done.
7. As stated in footnote 1, Sampson was sentenced to life in prison for malice murder and a concurrent term of life in prison for felony murder. It was error to sentence Sampson for the felony murder inasmuch as it stood vacated by operation of law.
Malcolm v. State,
263 Ga. 369, 374 (4) (434 SE2d 479) (1993). Accordingly, Sampson’s judgment of conviction and sentence as to the felony murder count must be vacated. Id. at 374 (6).
Decided June 4, 2007.
Bennett & Casto, Mark A. Casto,
for appellant.
J. Gray Conger, District Attorney, Crawford L. Seals, Assistant District Attorney, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General,
for appellee.
Judgments affirmed in part and vacated in part.
All the Justices concur.