Tela v. State

740 S.E.2d 204, 320 Ga. App. 465, 2013 Fulton County D. Rep. 836, 2013 WL 1092835, 2013 Ga. App. LEXIS 213
CourtCourt of Appeals of Georgia
DecidedMarch 18, 2013
DocketA12A2178
StatusPublished
Cited by3 cases

This text of 740 S.E.2d 204 (Tela 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
Tela v. State, 740 S.E.2d 204, 320 Ga. App. 465, 2013 Fulton County D. Rep. 836, 2013 WL 1092835, 2013 Ga. App. LEXIS 213 (Ga. Ct. App. 2013).

Opinion

McMillian, Judge.

Beniam Dawit Tela appeals the trial court’s denial of his motion for new trial after he was convicted by a jury of six counts of aggravated assault,1 four counts of possession of a firearm during the commission of a crime and one count of criminal damage to property. Tela asserts on appeal that his trial counsel was ineffective in failing to object to the introduction of improper character testimony and in failing to properly investigate his case. We affirm the trial court’s [466]*466denial of the motion, however, because Tela failed to carry his burden of establishing that he received inadequate representation at trial.

Viewed in the light most favorable to the verdict,2 the evidence at trial showed that on the evening of May 29, 2008, Amanda Thrash, Tela’s ex-girlfriend, was visiting the home of her friend, Christopher Farley, and his parents, Anita and William Farley. Christopher Farley’s girlfriend, Ashley Godbout, was also at the Farley home that night. Shortly after Thrash arrived, Tela began calling her on her cell phone. Although she was reluctant to speak with Tela, she answered the phone after he called several times. When Tela heard Christopher Farley’s voice in the background, he became upset and things escalated after Thrash told him she was at the Farleys’ house. Tela apparently was upset that she was spending time with Christopher Farley. Farley then took Thrash’s phone and began talking to Tela in an attempt to calm him down, but the conversation erupted into an argument. When Thrash’s cell phone died, the argument continued on another phone. At some point Tela indicated that he was coming over to the Farley home to fight, and Christopher Farley told him to come over.

Sometime later, a car rode by the Farleys’ house with someone screaming profanity and insults as Thrash stood outside in the driveway with Anita Farley and Godbout. Thrash could see the figure of a person screaming and hanging halfway out of the car window, and she recognized Tela’s voice. The car drove by twice and then a series of about five to six shots rang out. She could hear Tela screaming immediately before the shots were fired. Christopher Farley recalled that he had stepped inside the house “for a second” when he heard the shots fired and heard one bullet go through the house. William Farley was also in the house. When Thrash later recharged her cell phone, she discovered a number of voice mails from Tela both before and after the incident. A tape of these messages was played for the jury. The next day, the Farleys discovered bullet holes in the side of their house and a bullet in a bedroom closet. Bullets and casings taken from the Farleys’ property were subsequently matched to a gun found in a wooded area behind Tela’s home.

In considering Tela’s claims that he received ineffective assistance of counsel at trial,

we apply the two-prong test set forth in Strickland v. Washington, [466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984)]. [Tela] must show that counsel’s performance was deficient [467]*467and that, but for that deficient performance, there is a reasonable probability that the outcome of his trial would have been different. In evaluating the first prong of this test, a strong presumption exists that counsel’s conduct falls within the broad range of professional conduct. On appellate review of the trial court’s ruling, we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.

(Footnote omitted.) Donald v. State, 312 Ga. App. 222, 227 (4) (718 SE2d 81) (2011).

1. Tela asserts that his trial counsel was ineffective in failing to challenge the admission of Thrash’s testimony characterizing her relationship with Tela, which he contends was improper character evidence.

Thrash testified that her relationship with Tela had ended a day or two before the shooting incident. She stated that she had dated Tela only for a period of about six months, during which they “sometimes” broke up and got back together because it was “an abusive relationship.” On cross-examination, Tela’s attorney asked Thrash if she thought Tela loved her and she replied that she did not know. Tela asserts that his trial attorney should have objected when, on re-direct, the prosecution pursued the following line of questioning:

Q. And [the defense attorney] asked you if you thought Mr. Tela loved you, and you said you weren’t sure. Can you explain what you mean by that?
A. It’s not the type of love that I grew up with. But I think he had some maybe abusive history in his past, so maybe in his mind he did. I don’t know.
Q. When you talk about you’re not sure that he loved you, did it have to do with the way he treated you?
A. Yes.
Q. How did he treat you?
A. Always verbally abusive toward me. I remember a point where he dragged me across the asphalt ground on my back, leaving scratches, leaving bruises. People don’t do that to people they love.

At the hearing on the motion for new trial, Tela’s trial counsel admitted that this evidence was harmful to Tela, and he could not say “[i]n the heat of trial” why he did not object.

[468]*468But whether Tela’s trial attorney had objected or not, the evidence was admissible against Tela because

[e]vidence of prior difficulties between a defendant and a victim is generally admissible when the crime charged was perpetrated against the victim and the evidence demonstrates: (1) the relationship between the defendant and victim, and (2) the defendant’s motive, intent or bent of mind. As with any evidence, evidence of prior difficulties may not be unduly prejudicial, remote or confusing to the jury, but we perceive none of these defects here.

(Footnote omitted.) Tuff v. State, 278 Ga. 91, 92 (2) (597 SE2d 328) (2004).

Tela argues, however, that the State presented no evidence to show that Thrash was the intended victim of the crime. He asserts that the evidence showed instead that Tela was upset with and coming to fight Christopher Farley. Thus, he contends that evidence of his prior difficulties with Thrash was irrelevant. But Thrash was named as the victim in two of the aggravated assault counts charged against Tela. And the evidence at trial indicated that Tela was angry with both Thrash and Farley that night. Tela’s argument ignores testimony from Anita Farley that the person in the car screamed out Thrash’s name and called her a “whore,” a term Tela also used to describe her in the recorded voice mails. The argument also ignores other evidence indicating that he was angry with Thrash for being with Christopher Farley.

The evidence of prior difficulties between Thrash and Tela during their relationship, therefore, “most certainly demonstrated the state of the relationship between appellant and the victim, and was highly relevant to show his abusive bent of mind toward her.” (Citation and punctuation omitted.) Quintero v. State, 279 Ga. App. 497, 498 (1) (631 SE2d 723) (2006) (affirming admission of evidence of defendant’s abuse of wife during the course of their marriage).

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Bluebook (online)
740 S.E.2d 204, 320 Ga. App. 465, 2013 Fulton County D. Rep. 836, 2013 WL 1092835, 2013 Ga. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tela-v-state-gactapp-2013.