Young v. State, 538 S.E.2d 760 (Ga. Ct. App. 2000). · Go Syfert
Young v. State, 538 S.E.2d 760 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
40 citation events (40 in the last 25 years) across 3 distinct courts.
Strongest positive: Barstad v. the State (gactapp, 2014-10-09)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
cited Cited as authority (rule) Barstad v. the State
Ga. Ct. App. · 2014 · confidence medium
See, e.g., Parks v. State, 294 Ga. App. 646, 652 (11) ( 669 SE2d 684 ) (2008); Young v. State, 245 Ga. App. 684, 686-687 (3) ( 538 SE2d 760 ) (2000).
discussed Cited as authority (rule) Parks v. State
Ga. Ct. App. · 2008 · confidence medium
Although Parks argues that the “boilerplate” notice was inadequate to properly notify him of the State’s intent, “[t]he important requirement was that the defendant be given an unmistakable advance warning that the prior convictions will be used against him at sentencing so that he will have enough time to rebut or explain any conviction record.” (Punctuation and footnote omitted.) Young v. State, 245 Ga. App. 684, 686-687 (3) ( 538 SE2d 760 ) (2000).
discussed Cited as authority (rule) Crane v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Johnson, B J., concur. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Espinosa v. State, 285 Ga. App. 69, 72 (2) ( 645 SE2d 529 ) (2007) (footnote omitted). 3 Id. 4 See Riggins v. State, 279 Ga. 407, 409 (2) ( 614 SE2d 70 ) (2005). 5 Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004) (citations and punctuation omitted); see Strickland, supra at 692 (III) (B) (“Actual or constructive denial of the assistance of counsel altogether is legally presumed to result in prejudice.”); United States v. Cronic, 466 U. S. 648, 659-660 (104 SC 2039, 80 LE2d 657) (1984) (recogni…
discussed Cited as authority (rule) Evans v. State
Ga. Ct. App. · 2008 · confidence medium
See Lindsey v. State, 282 Ga. 447, 449, n. 4 ( 651 SE2d 66 ) (2007); Merritt v. State, 288 Ga. App. 89, 99, n. 41 ( 653 SE2d 368 ) (2007). 6 Cabell v. State, 250 Ga. App. 530, 531 ( 551 SE2d 386 ) (2001). 7 Mullinax v. State, 242 Ga. App. 561, 563 (2) ( 530 SE2d 255 ) (2000). 8 Ogle v. State, 256 Ga. App. 26, 28 (3) ( 567 SE2d 700 ) (2002). 9 Rielli v. State, 174 Ga. App. 220, 223 (5) ( 330 SE2d 104 ) (1985). 10 Gordillo v. State, 255 Ga. App. 73, 77-78 (3) (e) ( 564 SE2d 486 ) (2002). 11 Young v. State, 245 Ga. App. 684, 686-687 (3) ( 538 SE2d 760 ) (2000). 12 Sanders v. State, 230 Ga. App. 1…
discussed Cited as authority (rule) Hutchens v. State
Ga. Ct. App. · 2006 · confidence medium
Each case must be judged upon its own circumstances and in light of its own degree of complexity.” (Punctuation and footnote omitted.) Young v. State, 245 Ga. App. 684, 686 (2) ( 538 SE2d 760 ) (2000).
cited Cited as authority (rule) Corbin v. State
Ga. Ct. App. · 2004 · confidence medium
Chapman v. State, 273 Ga. at 350 (2); Young v. State, 245 Ga. App. 684, 686 (2) ( 538 SE2d 760 ) (2000).
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Johnson, P. J., concur. 1 Young v. State, 245 Ga. App. 684, 685 (2) ( 538 SE2d 760 ) (2000). 2 (Footnote omitted.) Jividen v. State, 256 Ga. App. 642, 643 (1) ( 569 SE2d 589 ) (2002). 3 Although counsel initially testified that he was appointed to the case the Friday before *4 trial was scheduled to begin, he later stated that the court granted him a one-week continuance.
discussed Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2004 · confidence medium
Eldridge and Adams, JJ., concur. 1 Carter’s motion to dismiss the State’s brief as untimely and to hold the State in contempt is hereby denied. 2 See Davis v. State, 263 Ga. App. 841 (1) ( 589 SE2d 603 ) (2003). 3 See Bales v. State, 232 Ga. App. 761, 763 (1) ( 503 SE2d 607 ) (1998). 4 See Davis, supra at 841-842 . 5 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 6 See Eason v. State, 234 Ga. App. 595, 598 (4) ( 507 SE2d 175 ) (1998); Thrasher v. State, 225 Ga. App. 717, 718 (2) ( 484 SE2d 755 ) (1997); see also Lyons v. State, 271 Ga. 639, 642 (5) ( 522 SE2d 225 ) (1999) (specific Batson …
discussed Cited as authority (rule) Carson v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
NOTES [1] Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [2] Howard v. State, 251 Ga.App. 243, 245 (7), 553 S.E.2d 862 (2001). [3] Sutton v. State, 263 Ga.App. 188, 190 (1), 587 S.E.2d 379 (2003.) [4] Lloyd v. State, 258 Ga. 645, 648 (2)(b), 373 S.E.2d 1 (1988). [5] Woods v. State, 275 Ga. 844, 846 (3), 573 S.E.2d 394 (2002). [6] Blouin v. State, 255 Ga.App. 788, 789 , 567 S.E.2d 39 (2002). [7] See OCGA § 17-10-6.1(a)(2). [8] See West v. Waters, 272 Ga. 591 (1), 533 S.E.2d 88 (2000); Young v. State, 245 Ga.App. 684, 686 (3), 538 S.E.2d 760 (2000); OCGA § 17-…
discussed Cited as authority (rule) Johnson v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Compare Rowland v. State, 264 Ga. 872 (1) ( 452 SE2d 756 ) (1995) (notice of appeal filed 31 days after entry of judgment was not timely and deprived court of jurisdiction). 2 Brumby v. State, 264 Ga. 215, 216 (1) ( 443 SE2d 613 ) (1994). 3 Strange v. State, 244 Ga. App. 635, 636 (1) ( 535 SE2d 315 ) (2000). 4 Mack v. State, 242 Ga. App. 256 (1) ( 529 SE2d 393 ) (2000). 5 Newman v. State, 233 Ga. App. 794 (1) ( 504 SE2d 476 ) (1998). 6 Robinson v. State, 164 Ga. App. 652, 654 (1) ( 297 SE2d 751 ) (1982). 7 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979)…
discussed Cited as authority (rule) Ogle v. State
Ga. Ct. App. · 2002 · confidence medium
Brown v. State, 226 Ga. App. 140, 141-144 ( 486 SE2d 370 ) (1997). 5 (Citation and punctuation, omitted.) Brenneman v. State, 200 Ga. App. Ill, 113 (1) ( 407 SE2d 93 ) (1991). 6 (Citation omitted.) Mullinax v. State, 242 Ga. App. 561, 563 (2) ( 530 SE2d 255 ) (2000). 7 Martin v. State, 207 Ga. App. 861, 862 ( 429 SE2d 332 ) (1993). 8 (Punctuation and footnote omitted.) Young v. State, 245 Ga. App. 684, 686-687 (3) ( 538 SE2d 760 ) (2000). 9 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 10 Nihart v. State, 227 Ga. App. 272, 275 (1) (c) ( 488 SE2d 740 ) (1997). 11 OC…
discussed Cited as authority (rule) Cabell v. State
Ga. Ct. App. · 2001 · confidence medium
Ruffin and Ellington, JJ., concur. 1 Ross v. State, 210 Ga. App. 455, 458 (4) ( 436 SE2d 496 ) (1993). 2 See Jones v. State, 185 Ga. App. 649, 650 (1) ( 366 SE2d 144 ) (1988). 3 Martin v. State, 207 Ga. App. 861, 862 ( 429 SE2d 332 ) (1993). 4 Young v. State, 245 Ga. App. 684, 686-687 (3) ( 538 SE2d 760 ) (2000). 5 Id. at 686 . 6 See Davis v. State, 246 Ga. App. 877, 879 (3) ( 542 SE2d 626 ) (2000); Jenkins v. State, 235 Ga. App. 547, 549 (3) (b) ( 510 SE2d 87 ) (1998). 7 See Devane v. State, 183 Ga. App. 60, 63 (2) (a) ( 357 SE2d 819 ) (1987) (physical precedent only); Stewart v. State, 180 G…
discussed Cited as authority (rule) Webb v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Miller, J., concur. 1 Grant v. State, 195 Ga. App. 463, 464 (1) ( 393 SE2d 737 ) (1990). 2 (Citation and punctuation omitted.) Phillips v. State, 242 Ga. App. 404 ( 530 SE2d 1 ) (2000). 3 (Citations and punctuation omitted.) Lathan v. State, 241 Ga. App. 750, 751 (1) ( 526 SE2d 350 ) (1999). 4 Wehunt v. State, 270 Ga. 456, 459 ( 511 SE2d 163 ) (1999). 5 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 6 Braswell v. State, 245 Ga. App. 602, 606 (7) ( 538 SE2d 492 ) (2000). 7 Young v. State, 245 Ga. App. 684, 685 (2) ( 538 SE2d 760 ) (2000). 8 Allen v. State, 272 Ga. 513, 517…
discussed Cited "see" King v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Young v. State, 245 Ga. App. 684, 685-686 (2) ( 538 SE2d 760 ) (2000).
discussed Cited "see" Taylor v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See generally Young v. State, 245 Ga. App. 684, 685 (2) ( 538 SE2d 760 ) (2000).
discussed Cited "see, e.g." Glenn v. State (2×)
Ga. · 2005 · signal: see also · confidence medium
See also Young v. State, 245 Ga. App. 684, 687 (4) ( 538 SE2d 760 ) (2000).
Retrieving the full opinion text from the archive…
Young
v.
the State
A00A0916.
Court of Appeals of Georgia.
Aug 28, 2000.
538 S.E.2d 760
Stephen A. Delaney, for appellant., Patrick H. Head, District Attorney, Maria B. Golick, Thomas A. Cole, Dana J. Norman, Assistant District Attorneys, for appellee.
Miller, Pope, Mikell.
Cited by 18 opinions  |  Published
Miller, Judge.

A jury found Dwayne Young guilty of one count of armed robbery and one count of aggravated assault. The trial court merged the aggravated assault count into the armed robbery count and sentenced him to life without parole under the Georgia recidivist statute. After the denial of his motion for new trial, Young appeals, enumerating as error the general grounds as well as (1) ineffective assistance of counsel, (2) the State's failure to properly notify him of the intent to use his prior convictions in aggravation of punishment, and (3) the denial of due process of law because of a delay in receiving the trial and sentencing transcript. We affirm.

1. Young contends that the evidence was insufficient to sustain his emvictions. The standard of review is whether upon viewing the evidence in the light must favorable to the jury's verdict, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. [1] An appellate court determines only the legal sufficiency of the evidence and does not weigh the evidence or assess the credibility of the witnesses. [2]

[*685] Viewed in this light, the evidence showed that Young entered an Eckerd’s store, spoke with a store employee, and shopped for five or ten minutes. During this time the manager of the store returned from the bank and began to make a deposit of cash into a cash box. Young asked the employee for change for a dollar, whereupon the employee asked the manager for change, when Young pulled out a gun and demanded money. Young took money out of the drawer, placed it in an Eckerd’s bag, and began to exit the store. The employee and the manager “moved back because [Young] still had the gun close enough to [their] faces. . . .” While the manager telephoned police, the employee chased Young, catching the attention of a state patrolman who was nearby. After fleeing into a wooded area, Young was apprehended and arrested. The manager’s keys and the missing money were found on the ground near where Young was lying.

Clearly, a rational trier of fact could have found the defendant guilty, beyond a reasonable doubt, of violating both OCGA §§ 16-5-21 (a) [3] and 16-8-41 (a). [4] The two victims identified Young as the man who robbed the store at gunpoint and then fled, still brandishing the gun. Young was arrested less than ten minutes later with the stolen property near his person. At the time of his arrest Young had a gun similar to the one described by the victims. Thus, the evidence sufficed to sustain the conviction.

2. Young contends that he was denied effective assistance of counsel. To prove ineffective assistance, Young must show that (1) his counsel’s performance was deficient, and (2) this deficiency so prejudiced his defense that a reasonable probability exists that the trial’s result would have been different but for that deficiency. [5] Unless a defendant can make both showings, the conviction or sentence did not result from a breakdown in the adversary process that rendered the result unreliable. [6] The trial court’s finding that an accused has not been denied effective assistance will be affirmed on appeal unless that determination is clearly erroneous. [7]

Young’s counsel was appointed two weeks prior to trial after Young dismissed his former counsel. He contends that the defense strategy raised by his attorney at trial was not a strategy that would[*686] relieve him of the charges and was thus ineffective. Trial counsel testified that the defense presented was the only defense Young provided to him to counteract eyewitness testimony to the crime and that he believed the defense “feasible.” The actions of trial counsel here were a matter of trial strategy and do not fall outside the wide range of professional conduct. [8]

Young further argues that his counsel (1) never discussed the theory of the case with him until trial began, (2) failed to interview witnesses face to face, and (3) failed to request a continuance. But tactical decisions do not equate with ineffective assistance of counsel. [9] And “there exists no magic amount of time which a counsel must spend in preparation for trial in order to provide a client with adequate counsel. Each case must be judged upon its own circumstances and in light of its own degree of complexity.” [10] Trial counsel testified that previous counsel kept copious notes and “spoon-fed [him] everything,” and that he felt well prepared for trial. He also testified that he met with Young several times on the morning of trial and discussed the case with him on and off during voir dire and on breaks. Young has pointed to no particular complexity in his case. We hold that evidence supported a finding that Young failed to show how his counsel’s performance was deficient. Thus, the court did not clearly err in finding that Young received effective assistance.

3. Young asserts that the State failed to properly notify him of its intent to seek recidivist punishment. He concedes that he received a copy of the Georgia Crime Information Center report and the disclosure statement, but argues that this notice was inadequate in that it (i) did not specify which convictions would be used against him, (ii) referred to OCGA § 17-10-2 instead of OCGA § 17-10-7 (b) (2), and (iii) failed to inform him that he was facing the possibility of life without parole.

The record, however, indicates that Young had proper notice. The disclosure certificate includes Young’s GCIC criminal history, including convictions for armed robbery, and states that all convictions will be used in aggravation of punishment pursuant to OCGA § 17-10-2. Young knew at the time of trial that he would receive life without parole if found guilty of the charges as his counsel explained this to him during the discussion of the plea offer. In evaluating the sufficiency of notice this court places substance over form: “[T]he important requirement was that the defendant be given an unmistakable advance warning that the prior convictions will be used against him at sentencing so that he will have enough time to rebut[*687] or explain any conviction record.” [11] Moreover, we find no authority requiring the notice to be pursuant to OCGA § 17-10-7; rather, the notice requirement is outlined in OCGA § 17-10-2. [12]

Decided August 28, 2000 Stephen A. Delaney, for appellant. Patrick H. Head, District Attorney, Maria B. Golick, Thomas A. Cole, Dana J. Norman, Assistant District Attorneys, for appellee.

Young’s sentence was proper as he received sufficient notice of recidivist punishment.

4. Young contends he was denied due process because his motion for new trial was not heard promptly due to a nine-month delay in receiving the trial and sentencing transcript. The reason for the delay was not evident from the record, nor was there any evidence that the delay was brought to the court’s attention. We discern no prejudice that Young may have suffered due to the delay. [13] He has not suffered any unfair prejudice in the passage of time during his incarceration under a presumptively lawful sentence.

Unless it clearly appears that the delay in filing the transcript prevented the presentation of an adequate appeal or impaired a defense which would otherwise be available to an appellant where a new trial is ordered due to trial error, an appellant has not suffered prejudice which turns a transcript delay into a violation of due process of law. [14]

Therefore, we conclude that there was no violation of due process.

Judgment affirmed.

Pope, P. J., and Mikell, J., concur.
1

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2

Dunn v. State, 238 Ga. App. 579 (1) (519 SE2d 503) (1999).

3

A person commits aggravated assault when he or she assaults with intent to murder, rape, or rob.

4

A person commits armed robbery when, with intent to commit theft, he or she takes the property of another from the person or the immediate presence of another by use of an offensive weapon.

5

Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Etheridge v. State, 228 Ga. App. 788, 789 (2) (492 SE2d 755) (1997).

7

Johnson v. State, 214 Ga. App. 77, 78 (1) (447 SE2d 74) (1994).

8

See Moody v. State, 206 Ga. App. 387, 389-390 (1) (e) (425 SE2d 397) (1992).

9

Harper v. State, 232 Ga. App. 224, 227 (2) (d) (501 SE2d 591) (1998).

10

Hand v. State, 205 Ga. App. 467, 469 (2) (422 SE2d 316) (1992).

11

(Citations and punctuation omitted.) State v. Freeman, 198 Ga. App. 553, 556 (3) (402 SE2d 529) (1991).

12

See Armstrong v. State, 264 Ga. 237, 238 (1) (442 SE2d 759) (1994); Andrews v. State, 207 Ga. App. 352-353 (427 SE2d 841) (1993).

13

See Cowan v. State, 243 Ga. App. 388, 396 (9) (531 SE2d 785) (2000).

14

Graham v. State, 171 Ga. App. 242, 250-251 (7) (319 SE2d 484) (1984).