Barnes v. State, 62549
| Decision Date | 29 October 1981 |
| Docket Number | No. 62549,62549 |
| Parties | BARNES v. The STATE. |
| Court | Georgia Court of Appeals |
Denny C. Galis, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., for appellee.
Will Henry Barnes appeals his conviction of burglary. We affirm.
Barnes and a co-defendant, James Luckett, were indicted in multiple counts. In Counts 1 and 2, Luckett was charged with burglary and theft by receiving stolen property; in Count 3, Luckett and Barnes were jointly charged with burglary; in Count 4 Barnes was charged with theft by receiving and Count 5 charged Luckett with the same offense. The jury returned a verdict of guilty on Count 3, the only charge of which Barnes was convicted. On appeal the sole error enumerated is that Barnes was denied effective assistance of counsel under the Sixth and Fourteenth Amendments of the United States Constitution and because the same attorney was retained to represent both Barnes and Luckett, and Barnes was not advised of potential conflict problems.
Both Barnes and Luckett took the stand and denied any participation in the burglary of the stolen goods, claiming to have purchased the sterling silverware for a low price from a stranger in a parking lot peddling it out of a pillowcase. They planned to resell it for a profit. Barnes complains that the end result of the joint representation was the loss of his opportunity to plea bargain with the state by offering to testify against Luckett; and that he was further penalized by being confined to the rather tenuous defense of coincidental purchases from an unidentified stranger.
Montgomery v. State, 156 Ga.App. 448, 453(2), 275 S.E.2d 72.
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