Williams v. State

• Decision Date: 25 January 2002
• Docket Number: No. A01A1872, No. A01A1873.
• Citation: Williams v. State, 559 S.E.2d 516, 253 Ga. App. 458 (Ga. App. 2002)
• Parties: WILLIAMS v. The STATE. James v. The State.
• Court: Georgia Court of Appeals

559 S.E.2d 516

253 Ga. App. 458

WILLIAMS v. The STATE.

James v. The State.

Nos. A01A1872, A01A1873.

Court of Appeals of Georgia.

January 25, 2002.

Wm. Lee Robinson, Macon, for appellant (case no. A01A1872).

Reza Sedghi, Macon, for appellant (case no. A01A1873).

Howard Z. Simms, Dist. Atty., Graham A. Thorpe, Myra H. Kline, Asst. Dist. Attys., for appellee. BLACKBURN, Chief Judge.

James Gregory Williams was convicted by a jury of the crime of armed robbery. His co-defendant, Earl A. James, was convicted by the jury of the crimes of armed robbery and aggravated battery. Following the denial of their motions for new trial, each defendant filed a notice of appeal. Williams contends that the court erred: in denying James's motion to sever; in denying his motion for change of venue; in admitting into evidence his in-custody statement; and in allowing him to be identified at trial. James maintains that the trial court erred in failing to grant his motion for new trial because of a Batson violation. Both Williams and James claim that the trial court erred: in denying their motions for new trial because the evidence was insufficient to convict them; in admitting a handgun into evidence; and in denying a motion for mistrial on the basis of juror misbehavior. Because they were tried together, we have consolidated their appeals for review. For the reasons set forth below, we affirm.

1. Both Williams and James assert that the trial court erred in denying their motions for new trial based on the insufficiency of the evidence.

The standard of review for the sufficiency of evidence, in reviewing either a motion for a directed verdict or a motion for new trial, is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. We view the evidence in the light most favorable to the verdict, and [defendants] no longer enjoy[] the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia.¹ Conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld.

(Citations omitted.) Willingham v. State.²

Viewed in the light most favorable to support the verdict, the jury was authorized to find that, on the morning of August 22, 1999, Williams and James entered the Macon Olive Garden restaurant through the back door; James wore a dreadlock wig, a grayish shirt, and blue pants while Williams was attired in blue jeans, a white Tommy Hilfiger t-shirt, and a ski mask. Williams appeared to know his way around the restaurant. Williams and James herded the employees into an area near the manager's office, forced the manager to put the restaurant's receipts and Olive Garden gift certificates into a black briefcase, which also contained some of the manager's personal belongings, and then left by way of the rear door. As soon as they left, one of the employees told the others that the robber with the ski mask was Williams, who had worked for several months at the Olive Garden.

While Williams and James were carrying out the robbery, another Olive Garden employee, who had been outside and had seen them enter the restaurant with a gun, ran across the parking lot to a nearby Macon police station and told police officers in the parking lot that the Olive Garden was being robbed. Several policemen, who rushed to the restaurant both on foot and in squad cars, saw Williams and James as they came out of the back door of the restaurant and gave chase. The defendants ran into the Riverbend apartment complex, and as they did so, one of them threw a gun into the bushes. When Williams and James split up, Officer Kinnery chased Williams into a wooded area, caught him, and wrestled him to the ground; when he pulled him to his feet, he found a ski mask on the ground where Williams had been lying.

Two other officers chased James. Officer Mathis spotted James, who was carrying a black briefcase and a wig, emerge from the breezeway between two of the apartment buildings and ordered him to freeze. James ran, and Officer Mathis pursued. Running into the parking lot, James got into a blue Chevrolet Celebrity. When Officer Mathis pulled his car in front of James's car and again ordered him to freeze, James threw the black briefcase, which was found to contain the restaurant receipts and the Olive Garden gift certificates, and the dreadlock wig from the car and then rammed Officer Mathis's car; the resulting collision caused the door of Officer Mathis's vehicle to strike him, causing the loss of an eye. Stunned and unaware of the extent of his injuries, Officer Mathis fired his gun at James as he drove away.

Several officers heard the shots fired by Officer Mathis, and as James exited the apartment complex in the blue Celebrity, some of the officers fired at James's vehicle, hitting one or more of the tires. A chase ensued with James, whose car had at least two flat tires, reaching 70 to 80 mph. Finally, James collided with one of the police cars when he attempted to turn around at a gas station. Police found the grayish shirt and a ski mask in the car, as well as cocaine and a large sum of money on James's person. Meanwhile, back in the parking lot of the apartment complex, one of the officers found the gun which James had thrown into the bushes.

Based on our review of the entire record before us, we find ample evidence from which a rational trier of fact could have concluded beyond a reasonable doubt that both Williams and James were guilty of the offenses with which they were charged.

2. Williams contends that the trial court erred in denying James's motion to sever. There is no merit to this contention.

It is well established that appellate courts may not consider objections to evidence not raised at trial. If several parties are entitled to make an objection, and it is made by any number less than all, it does not inure to the advantage of the party or parties not joining in it. Thus, where a defendant does not expressly adopt the objection of a co-defendant, he thereby waives that objection and may not utilize it to gain review.

(Citations and punctuation omitted.) Barnes v. State.³ In this case, Williams waived any objection by failing to adopt James's objection. Id.

Even if the issue had been preserved for appeal, the enumeration would be without merit. In ruling on a motion to sever,

a trial court must consider whether a joint trial will create confusion regarding evidence or law; whether there is danger that evidence implicating one defendant will be considered against co-defendants, despite limiting instructions; and whether the co-defendants will press defenses that are antagonistic to one another. To show abuse of discretion a defendant must do more than raise the possibility that a separate trial would give him a better chance of acquittal. He must make a clear showing of prejudice that resulted in denial of due process.

(Citation omitted.) Mathis v. State.⁴

The issues and defenses in this case were simple and straightforward. "Neither the number of defendants nor their trial tactics created any confusion as to either the evidence or the applicable law. There were only two defendants on trial and the primary issue was the identity of the robbers." Mathis, supra. Williams did not testify, and James maintained in his testimony that he did not know Williams and that he had not taken part in the robbery; thus, no issue exists as to conflicting co-defendant testimony. Id. Finally, Williams's and James's defenses were not antagonistic; the only defense either seemed to put forth was that he was not involved in the armed robbery. Redding v. State.⁵ The trial court did not abuse its discretion when it denied the motion to sever.

3. Williams also asserts that the trial court erred in denying his motion for change of venue. We find no error.

"The trial court has the discretion to grant a change of venue and its determination will not be disturbed absent an abuse of that discretion. [Cit.]" Happoldt v. State.⁶ Williams, as the movant, has the burden of showing either that Bibb County was an inherently prejudicial venue or that the jury selection process revealed the existence of actual prejudice which kept him from receiving a fair trial. Roundtree v. State.⁷

We consider first the question of actual prejudice since the trial judge delayed ruling on Williams's motion to change venue until after voir dire of the jury. The record shows that less than half of the prospective jurors were aware of the publicity surrounding this case and that their exposure to media coverage had occurred months ago at the time of the crime; when each of these prospective jurors was asked, by counsel for both defendants during voir dire and by the trial court at the conclusion of voir dire, if he or she either had formed an opinion as to the defendants' guilt or felt unable to be impartial, not one indicated that either was the case. Roundtree, supra. Beyond this, neither Williams nor James exercised any strikes to excuse any juror because of concerns about prejudicial publicity. McWhorter v. State.⁸ Thus, there is no evidence of actual prejudice.

As to the alternative ground of an inherently prejudiced venue, "[ a] finding that pretrial publicity has so infected a community as to render it an inherently prejudiced venue is authorized only in extremely rare situations. [Cit.]" Roundtree, supra at 505(2), 511 S.E.2d 190. Here, Williams made no showing that the media coverage either contained information that was factually incorrect or was inflammatory or reflective of an atmosphere of hostility. Happoldt, supra at 128, 475 S.E.2d 627. This...