Sevostiyanova v. State

722 S.E.2d 333, 313 Ga. App. 729, 2012 Fulton County D. Rep. 167, 2012 Ga. App. LEXIS 21
CourtCourt of Appeals of Georgia
DecidedJanuary 12, 2012
DocketA11A1864, A11A1865
StatusPublished
Cited by30 cases

This text of 722 S.E.2d 333 (Sevostiyanova 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
Sevostiyanova v. State, 722 S.E.2d 333, 313 Ga. App. 729, 2012 Fulton County D. Rep. 167, 2012 Ga. App. LEXIS 21 (Ga. Ct. App. 2012).

Opinion

Mikell, Chief Judge.

In July 2007, appellant Ekaterina Sevostiyanova was involved in two separate traffic incidents during the course of a single week. As to the first incident, she was convicted following a jury trial on June 15-16, 2009, of two counts of violation of OCGA § 40-6-271 (duty of a driver on striking an unattended vehicle). The second incident resulted in her conviction (after a jury trial on June 8-9, 2009) of hit-and-run (OCGA § 40-6-270) and following too closely (OCGA § 40-6-49). Following a consolidated hearing, the trial court denied her motion for new trial in both cases. Acting pro se, she appeals in Case Nos. A11A1864 (concerning the first incident) and A11A1865 (as to the second incident), asserting insufficiency of the evidence, ineffective assistance of counsel, and other errors. We have consolidated these appeals for disposition, and we affirm in both cases.

As a threshold matter, we address the deficiencies in Sevosti-yanova’s appellate briefs, which fail to comply with our Rule 25. We note that appellant’s election to proceed with her appeal pro se does not excuse her from compliance with the substantive and procedural requirements of the law.1 She has enumerated 18 errors in Case No. A11A1864 and 16 errors in Case No. A11A1865, with several enumerations containing a number of subdivisions; and in her argument she raises a number of other alleged errors. Many of her [730]*730claims of error are not supported by citations to the record or to authority, nor are they supported by reasoned argument; therefore, in accordance with Court of Appeals Rule 25 (c) (2), they are deemed abandoned, as set forth below. Her failure to adhere to our rules has hampered our ability to ensure that all her alleged errors are addressed; nonetheless, we will review her claims of error to the extent we can, “based on what we perceive [her] arguments to be.”2

On appellate review of a criminal conviction,

we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), and does not weigh the evidence or determine witness credibility.3

To establish a claim of ineffective assistance, Sevostiyanova must satisfy a two-part test. She “must show that counsel’s performance was deficient and that the deficient performance so prejudiced [her] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”4 In order to show that counsel’s performance was deficient, appellant “must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct.”5 Further, “[fjailure to satisfy either component of this test is fatal to an ineffectiveness claim[; and] the court need not address both components if the defendant has made an insufficient showing on one of them.”6 On appellate review of the trial court’s ruling, “[w]e accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.”7

Case No. A11A1864

1. Sevostiyanova challenges the sufficiency of the evidence to support her convictions under OCGA § 40-6-271. OCGA § 40-6-271 [731]*731(a) requires a driver, upon striking an unattended vehicle, to stop and provide his or her name and address, as well as that of the owner of the striking vehicle, to the owner or operator of the vehicle struck, either “then and there” or by leaving a note conspicuously placed on the struck vehicle. Subsection (b) of this Code section makes it a misdemeanor to fail to provide this information.

Properly viewed, the record reflects that on July 14, 2007, appellant struck two separate unattended vehicles in the parking lot of an Atlanta Bread Company restaurant: a BMW driven by Davilon Hunter and a Ford F-150 pickup truck driven by Allen Powers. Both victims testified at trial that they saw the collisions occur through the restaurant window; that they ran outside to find that their vehicles had been damaged; and that they saw the driver of the striking vehicle leave the scene without speaking to either of them or leaving a note and without providing any contact information. Powers gave the license tag number of the offending vehicle to the Cobb County police officer who responded to the scene. The police later determined that the tag was issued to a Wade Ford rental car, rented on that day to appellant. Sevostiyanova testified at trial, admitting that she was driving in the parking lot at the time in question, but denying that she collided with any other vehicles.

Sevostiyanova appears to argue that the evidence is insufficient because her version of the events differs from that of the state’s witnesses. However, the jury chose to believe the state’s witnesses, which it was authorized to do. “It was the jury’s role to assess the credibility of the witnesses, resolve any conflicts in the evidence, and arrive at a determination of the facts.”8 The evidence adduced at trial and summarized above, viewed in the light most favorable to the verdict, was amply sufficient for a rational finder of fact to find Sevostiyanova guilty beyond a reasonable doubt of the charges against her, under the standard set forth in Jackson v. Virginia.9

2. Sevostiyanova contends that her convictions should be reversed because certain evidence, including photographs of her rental car, the BMW, and the pickup truck, was not introduced at trial. She additionally claims error because evidence of a severe “microburst” rainstorm was not introduced. These enumerations present nothing for our review. Sevostiyanova has not shown that this material was ever offered in evidence at trial or that the trial court ruled as to its admissibility. This Court may not consider on appeal matters that were neither raised nor ruled on below. “We do not consider issues [732]*732raised for the first time on appeal, because the trial court has not had opportunity to consider them.”10

Moreover, we reject appellant’s claim that her trial counsel performed deficiently in failing to introduce this allegedly exculpating evidence.

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Bluebook (online)
722 S.E.2d 333, 313 Ga. App. 729, 2012 Fulton County D. Rep. 167, 2012 Ga. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sevostiyanova-v-state-gactapp-2012.