Andrews v. State, A98A2305.
| Decision Date | 28 January 1999 |
| Docket Number | No. A98A2305.,A98A2305. |
| Parties | ANDREWS v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Stanley C. House, Augusta, for appellant.
Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
A jury found Gene Autry Andrews guilty of criminal attempt to possess cocaine. He appeals from his conviction, alleging four enumerations of error dealing with the trial court's charge and recharge to the jury. We affirm.
Viewed in a light most favorable to support the jury's verdict, the record shows that Andrews, a former police officer, approached an undercover officer, asked for a "proper dime," and pulled out a $10 bill. The officer showed Andrews a substance that looked like cocaine. Andrews tasted it, but did not like it. The officer then showed Andrews a second piece. Andrews tasted the second piece and did not like the substance, so the officer returned his money, and Andrews walked away. He was arrested as he walked away. The incident was videotaped. The tape was played for the jury.
1. Andrews contends the trial court erred in charging the jury on reasonable doubt. As part of its charge on reasonable doubt, the trial court charged: According to Andrews, this charge violates the presumption of innocence because it implies that a reasonable doubt must arise from the evidence. He contends that a reasonable doubt exists before any evidence is offered and must be removed by the evidence.
The charge given by the trial court has been upheld by both this Court and the Supreme Court of Georgia. In Baldwin v. State, 264 Ga. 664(1), 449 S.E.2d 853 (1994), the Supreme Court considered portions of the standard charge not enumerated by Andrews as error. However, the language of the charge given in Baldwin and the charge given in the present case is virtually identical. In considering the charge as a whole, the Supreme Court noted that the concept of reasonable doubt was conveyed repeatedly and accurately to the jury and that the jury was charged properly on the definition of "reasonable doubt." Id. at 665, 449 S.E.2d 853. In Edwards v. State, 214 Ga.App. 383, 384(2), 448 S.E.2d 51 (1994), we held that the same language properly and specifically defined "reasonable doubt" as an evidentiary standard.
Considering the trial court's charge as a whole, we find no reasonable likelihood that the jury applied a standard of proof less than constitutionally permissible. See Edwards, supra. We therefore find no reversible error.
2. Andrews...
To continue reading
Request your trial
-
State v. Aleksey
...948 F.2d 145, 159-60 (5th Cir.1991) (sole interest of jury to seek the truth from the evidence not plain error); Andrews v. State, 236 Ga.App. 152, 511 S.E.2d 258, 259 (1999) ("it is a doubt of a fair-minded, impartial juror honestly seeking the truth" does not shift burden); Commonwealth v......
- Albert v. State
-
Baggs v. State
...clear and all phrases in the charge were given sufficient context, and Mondragon has not shown otherwise. See Andrews v. State, 236 Ga. App. 152-153(1), 511 S.E.2d 258 (1999). 6. Mondragon argues that the trial court erred in failing to order that the closing arguments be taken down at tria......
-
Lee v. State, A99A2456.
...512 S.E.2d 635 (1999); Rutledge v. State, 237 Ga. App. 390, 393(5), 515 S.E.2d 1 (1999); Havron, supra. 14. See Andrews v. State, 236 Ga.App. 152(1), 511 S.E.2d 258 (1999). 15. Roberson v. State, 236 Ga.App. 654, 655(1)(a), 512 S.E.2d 919 16. See Lovett v. State, 165 Ga.App. 379(2), 301 S.E......